AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01114
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show:
1. He received 6.21 years of active duty service credit for his
military service from 15 Mar 94 to 11 Aug 02, instead of 4 years,
2 months, and 14 days.
2. His Date to Rank (DOR) to major (0-4) was 20 May 06, instead
of 1 Mar 07.
3. He was selected for promotion to the grade of Lieutenant
Colonel (Lt Col) in 2010.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have received active duty credit for his service prior
to entering the Uniformed Services University of the Health
Sciences (USUHS). He served on active duty from 15 Mar 94 to
11 Aug 02. He should have received credit for 50 percent of
this period, or 1,536 days, and two years of constructive
education credit for completing his Master’s degree in Dec 98.
Taken together, he should have had 6.21 years of additional
service credit, graduated from USUHS as a Major on 10 May 06,
and met the Lt Col selection board in-the-primary-zone in 2010
rather than 2011. Given the 100 percent promotion rate to
Lt Col for physicians, he should have been selected for Lt Col
in 2010.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered active duty as a Second
Lieutenant (2Lt), Line of the Air Force (LAF), on 15 Mar 94 and
was progressively promoted to the grade of Captain (Capt) on
15 Mar 98.
The applicant completed his Masters Degree in Dec 98, while
serving on active duty.
On 11 Aug 02, the applicant was released from active duty as a
LAF officer in order accept a commission in the Medical Service
Corps (MSC) in the grade of 2Lt. He attend USUHS in student
status during the period 12 Aug 02 until his graduation on
20 May 06, at which time he was commissioned a captain in the
MSC.
The applicant was subsequently awarded 6 years, 2 months, and
14 days of entry grade credit, which resulted in his date of
rank for the grade of captain being adjusted to 6 Mar 00.
Per AFI 36-2005, Appointment in Commissioned Grades and
Designation and Assignments in Professional Categories—Reserve
of the Air Force and United States Air Force, Table 2.4.,
Rule 9, one half a year of service credit is granted for each
year of active duty service the applicant has completed not in
the professional specialty in which being appointed.
On 1 Mar 07, the applicant was promoted to the grade of major
(O-4).
On 17 Jul 12, AFPC/DPAMF2 notified the applicant they had
revalidated his prior active duty service time from 15 Mar 94 to
11 Aug 02 for the purpose of computing the appropriate service
credit. As the applicant’s prior service overlapped with the
period for which he received service credit for his advanced
degree, they administratively corrected his records to show he
received 3 years, 2 months, and 14 days credit for his service
prior to attending USUHS.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility which are included at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSI recommends denial indicating there is no evidence of
an injustice. A recent review of the applicant’s initial DOR
computation revealed his initial DOR was calculated incorrectly.
The applicant was erroneously awarded dual credit for his
advanced degree and the period of service, a portion of which
occurred during the same timeframe. According to DoD
Instruction 6000.13, Medical Manpower and Personnel, Paragraph
6.1, a period of time shall be counted only once when computing
entry grade credit. The two years of the advanced degree
credited should have been subtracted from his prior service time
period prior to the computation; his prior service equated to
8 years, 4 months, and 27 days. Thus, his prior active duty
service for the purpose of computing service credit should be
2
6 years, 4 months, and 27 days; and at 50 percent credit, his
credit from prior service should have been 3 years, 2 months,
and 14 days. Therefore, the two years of credit for his degree,
plus his 3 years, 2 months, and 14 days credit for prior service
resulted in a total credit of 5 years, 2 months, and 14 days
constructive grade entry level credit. However, it appears the
applicant was actually given 6 years, 2 months, and 14 days of
credit, resulting in his DOR to captain being adjusted to
6 Mar 00 when it should have been established as 6 Mar 01. In
effect, the applicant received one more year of DOR credit than
he was actually entitled to receive. As such, his justification
for an earlier date of rank is obsolete. With respect to the
error identified in his initial calculations, AFPC/DPSI does not
recommend adjustment to his DOR based upon the fact he has
already met a Major promotion board and has been effectively
promoted. Therefore, his current DOR to Major should remain
1 Mar 07.
A complete copy of the AFPC/DPSI evaluation is at Exhibit C.
AFPC/DPAN recommends partial approval of his request for service
credit. IAW DoDI 1312.3, Service Credit For Commissioned
Officers, and AFI 36-2005, Appointment in Commissioned Grades
and Designation and Assignment in Professional Categories—
Reserve of the Air Force and the United States Air Force, Table
2.4, a period of time or qualification shall be counted only
once. To prevent awarding dual credit for the same period of
time when calculating credit for his MPA degree count backwards
two years from the date the degree was awarded. Once the two
years credit is awarded for the MPA, the two years are then
subtracted from the 8 years, 4 months, and 26 days of active
duty service time from 15 Mar 94 to 11 Aug 02. Then 50 percent
credit is awarded toward the remaining 6 years, 4 months, and 26
days according to Table 2.4, Rule 9, awarding him 3 years,
2 months, and 14 days credit for his prior service time. Then,
add his two years of credit for his MPA and his 3 years,
2 months, and 14 days credit for his prior service time which
totals 5 years, 2 months, and 14 days credit towards his DOR.
A complete copy of the AFPC/DPAN evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 7 Aug 12 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
3
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application is timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
correction of the applicant’s records. We took notice of the
applicant’s complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of
AFPC/DPSI and adopt its rationale as the basis for our
conclusion the applicant has not provided sufficient evidence to
justify favorable consideration of his requests. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01114 in Executive Session on 23 Oct 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 13 Mar 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSI, dated 1 Aug 12, w/atchs.
Exhibit D. Letter, AFPC/DPAN, dated 2 Aug 12, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 7 Aug 12.
Panel Chair
Member
Member
4
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