RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02374
            INDEX CODE:  112.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

By amendment, he be awarded  additional  constructive  service  credit
(CSC) for his master’s degree in biochemical engineering and  for  his
professional experience in the Canadian Forces.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A significant portion  of  his  CSC  was  not  adequately  identified,
resulting in his appointment to active duty at a lower grade.

In support of his appeal, the applicant provides personal  statements,
supportive statements, his curriculum vitae, certificates  of  service
and  achievement,  record  of  employment,  certification  in   family
medicine, certificate of membership in the College of  Physicians  and
Surgeons of Ontario, and other documents associated  with  the  matter
under review.

Applicant’s complete submission, with attachments, is  at  Exhibits A,
B, and C.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a captain, Reserve of the Air Force, on  4 Mar
03 (Medical Corps) and was voluntarily ordered to extended active duty
on 28 Apr 03.

On 14 Dec 07, the applicant  provided  transcripts  for  his  master’s
degree in biochemical engineering to the Air  Force  Personnel  Center
(AFPC) for CSC consideration.  However, a determination was made  that
his degree did not add adjunctive skills to his primary  specialty  or
contribute directly to his performance in the specialty.

On 14 Jun 08, he resigned from all appointments in the Air Force under
the provisions of AFI 36-3207 (Completion of Required Active Service).
 He was credited with 5 years, 1 month, and 17 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 recommends denial  noting  the  applicant  received  total
service credit of 8 years, 5 months, and 26 days.  To be  appointed  a
lieutenant colonel upon entry into the Air Force, the applicant  would
need at least 16 years of CSC.  According to AFPC/DPAMF2,  he  is  not
authorized to receive CSC for his biochemical engineering degree,  and
the governing instruction does not provide guidance to award  CSC  for
someone who served in the military of a foreign country.

A complete copy of the AFPC/DPAMF2, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  detailed
response indicating the advisory opinion was  flawed.   He  refers  to
individuals  who  he  believes  are  able  to  provide  more  relevant
information regarding an entry grade credit waiver and his ability  to
perform at a higher grade to  the  Board  than  was  provided  in  the
advisory opinion.  He states that he left Canada and  joined  the  Air
Force because he  believes  he  has  unique  qualifications  that  are
valuable in protecting the United States in a time of war.   He  hopes
the Board will make an equitable decision on his behalf.

Applicant’s complete response, with attachments, is at Exhibit F.

By letter, dated 9 Feb 06, the applicant’s Flight Commander,  provided
a statement on his behalf, which is at Exhibit G.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPAMF2 again  recommends  denial  indicating  that  although  the
governing instruction does not award CSC  for  service  in  a  foreign
military, the applicant was granted CSC for those things that  he  was
eligible to receive.  According to AFPC/DPAMF2, the  applicant  should
be directed to have his master’s  degree  in  biochemical  engineering
assessed to determine whether it is equal to a degree from an American
accredited program.  If  it  translates,  then  the  degree  would  be
reviewed to determine whether it adds adjunctive skills to the primary
specialty and contributes directly to performance in the specialty  to
which he was appointed.   If  it  is  determined  that  it  does,  the
applicant would earn an additional two years of CSC, have  enough  CSC
to be assessed as a major, and amendments to his extended active  duty
(EAD) orders would be published.

A complete copy of the AFPC/DPAMF2 evaluation, with attachments, is at
Exhibit H.

AFPC/DPAMF1 indicates the applicant is entitled to board certification
pay in accordance with the AF/SG instructions, regulations, and public
law.  However, he must provide the  appropriate  documents  indicating
the certification start and expiration dates from either the  American
Board of Family Medicine  or  the  College  of  Family  Physicians  of
Canada.  Documentation can  either  be  in  a  letter  or  certificate
format.  A letter or certificate from a board certifying agency  which
only indicates a member is board  certified,  but  does  not  indicate
certification or expiration date, is not  sufficient  to  start  board
certification pay.  Board certification  pay  is  initiated  by  these
dates and is the only data used to start the entitlement.

A complete copy of the AFPC/DPAMF1 evaluation, with attachments, is at
Exhibit I.

AFPC/JA recommends denial indicating that in order to  obtain  relief,
the applicant must show by a  preponderance  of  evidence  that  there
exists some error or injustice  warranting  corrective  action.   They
disagree that he was initially awarded insufficient CSC based  on  the
evidence presented at that time.   However,  additional  CSC  for  his
master’s degree may be available if he supplies the information to the
Air Force Personnel  Center  (AFPC)  as  required  in  the  applicable
guidance.  Further, the Air Force is prepared to recognize  his  board
certified status once  he  provides  additional  documentation.   They
concur with the  office  of  primary  responsibility  (OPR)  that  the
applicant is not entitled to additional CSC for his  foreign  military
service and for  the  specialty  military  medical  courses  completed
during his  foreign  military  service.   In  AFPC/JA’s  opinion,  the
applicant has failed to prove an error or injustice warranting relief.

A complete copy of the AFPC/JA evaluation is at Exhibit J.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  30
Jun 06 for review and response within 30 days (Exhibit K).  On  6  Jul
06, the applicant requested that his appeal be  temporarily  withdrawn
(Exhibit L).

Applicant reviewed the advisory opinions  and  furnished  a  response,
indicating that the issue of his board certification has been resolved
and requires no further action by the Board.  However, the  issues  of
his  request  for  CSC  for  his  master’s  degree  and   professional
experience in the Canadian Forces still  requires  resolution  by  the
Board.   He  has  forwarded  the  results  of  his   master’s   degree
translation to AFPC/DPAMF2, and he anticipates that his degree will be
eligible for an additional two years of CSC.  He hopes the Board  will
agree that the manner in which his operational military experience was
credited was unjust and that they will find an equitable  remedy.   He
also requests the Board determine whether an entry  grade  waiver  was
warranted  in  his  situation,  given  his  qualifications  upon   his
accession in the Air Force.

Applicant’s complete response, with attachments, is at Exhibit M.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice regarding the applicant’s request that he be
awarded additional CSC for his professional experience.  We  note  the
applicant served in the Canadian Armed Forces from 1 Jul 98 to  3  Mar
03.  In accordance with the governing instruction,  he  received  one-
half year credit for each year of his  professional  experience  while
serving as a health professional.  Notwithstanding the above,  because
of his training and years of experience, and his much needed skill  as
a medical doctor in the United States Air Force during a time of  war,
we are inclined to award him full credit for all of  his  years  as  a
health professional in the Canadian Armed Forces, as an  exception  to
policy.  Had he been awarded the additional CSC upon his accession  in
the Air Force, he would have been appointed as a major, rather than as
a captain.  Accordingly,  we  recommend  the  applicant’s  records  be
corrected as set forth below.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice concerning the applicant’s request
for CSC for his master’s degree in biochemical engineering.   We  note
the applicant provided transcripts for his master’s degree to AFPC for
CSC consideration.  However, a determination was made that his  degree
did not add adjunctive skills to his primary specialty  or  contribute
directly to his performance in the specialty.  In view  of  this,  his
request is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  As an exception to policy, he was awarded  four  (4)  years,
eight (8) months, and four (4) days  of  Constructive  Service  Credit
(CSC) for his professional experience, rather than two (2) years, four
(4) months, and two (2) days.

      b.  On 4 Mar 03, he was appointed as a major, Reserve of the Air
Force (Medical Corps), rather than as a captain.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02374 in Executive Session on 30 Sep 08 and 27 Oct 08, under  the
provisions of AFI 36-2603:

      Mr. Wallace F. Beard, Jr., Panel Chair
      Mr. Steven A. Cantrell, Member
      Ms. Marcia Jane Bachman, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Jul 05, w/atchs.
     Exhibit B.  Letter, applicant, dated 30 Jul 05, w/atchs.
     Exhibit C.  Letter, applicant, dated 21 Nov 05, w/atchs.
     Exhibit D.  Letter, AFPC/DPAMF2, dated 20 Dec 05, w/atchs.
     Exhibit E.  Letter, SAF/MRBR, dated 20 Jan 06.
     Exhibit F.  Letter, applicant, dated 3 Feb 06, w/atchs.
     Exhibit G.  Letter, Colonel C---, dated 9 Feb 06.
     Exhibit H.  Letter, AFPC/DPAMF2, dated 2 Jun 06, w/atchs.
     Exhibit I.  Letter, AFPC/DPAMF1, dated 12 Jun 06, w/atchs.
     Exhibit J.  Letter, AFPC/JA, dated 22 Jun 06.
     Exhibit K.  Letter, SAF/MRBR, dated 30 Jun 06.
     Exhibit L.  Letter, applicant, dated 6 Jul 06.
     Exhibit M.  Letter, AFBCMR, dated 14 Jul 06.
     Exhibit N.  Letter, applicant, dated 6 Dec 07, w/atchs.




                                   MARCIA JANE BACHMAN
                                   Acting Panel Chair









AFBCMR BC-2005-02374




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to , be corrected to show that:

            a.  As an exception to policy, he was awarded four (4)
years, eight (8) months, and four (4) days of Constructive Service
Credit (CSC) for his professional experience, rather than two (2)
years, four (4) months, and two (2) days.

            b.  On 4 March 2003, he was appointed as a major, Reserve
of the Air Force (Medical Corps), rather than as a captain.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency