AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01441
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her official records be corrected to show her Commissioning
Grade Date of Rank (CGDOR) to Captain (Capt) is 15 Jun 04.
2. Should her request for a CGDOR of 15 Jun 04 not be granted,
her CGDOR be corrected to 15 Jun 06, 11 Jan 07, or 11 Jan 08.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. Her service credits were inaccurately computed upon her
entry onto extended active duty. Specifically, she should have
received 100 percent Constructive Service Credit (CSC) versus
50 percent because IAW AFI 36-2005, Table 2.5, Rule 45, Note 13,
she is a direct appointment with prior commissioned service.
Note 13 states “For competitive category transfer to the BSC,
Medical Services Corps (MSC), or Nurse Corps (NC), award one
year for each year of prior service…” She was still a
commissioned officer because she never resigned her commission.
Her Separation Code is FBK (Expiration of Term of Service).
Therefore, she should have received total credit toward her
CGDOR of four years, six months, and 26 days due to having
earned 2 years, 6 months, and 26 days CSC and two years
Educational Credit. However, in Jan 09, when she reentered
active duty in the Biomedical Services Corps (BSC), she was
provided an estimate showing she would receive one year and
three months total credit toward her CGDOR to Capt, placing her
DOR to Capt in Jan 08. However, in Mar 10, her date of rank was
unjustly reduced by 12 months from Jan 08 to Jan 09.
2. Her two years of educational credit should not overlap with
periods of her military service. She enrolled in her Master’s
Degree program in 1997 and completed it in Dec 04. For the
first five years of this period, she was not in the military.
Upon reentering the military in the BSC, she was initially
awarded two full years of credit without specifying which dates
were the dates for which she received the educational credit.
The dates for which she was given credit changed three times.
3. Her Inspector General (IG) complaint was unfairly reviewed
by the same person and office which made the original error.
4. An AF Form 24, Application for Appointment as Reserve of the
Air Force or USAF without Component, in her enlisted records was
forged with her initials and signature.
In support of her contentions the applicant submits an expanded
statement, and copies of e-mails, a SAF/LL Letter, her IG
Complaint and response, and excerpts from AF Instructions, and
her military and educational files.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the information provided to the applicant by
AFPC/DPAMF2:
1. The applicant served as an enlisted member in the
regular Air Force and Air Force Reserves from 24 Aug 84 to
4 May 98.
applicant had a break in military.
Army Reserve in the Nurse Corps (NC), serving until 28 Jul 03.
4. On 29 Jul 03, the applicant entered active duty in the
Air Force as a First Lieutenant and separated on 1 Nov 07 as a
Captain.
break in military service.
6. On 20 Jan 09, the applicant commissioned in the Air
Force Reserve as a Captain in the BSC, then accessed onto
extended active duty (EAD) on 13 Apr 12.
On 8 Jun 10, the applicant filed a complaint with the Office of
the Air Force Personnel Center Inspector General (AFPC/IG)
alleging her CGDOR to Captain of 11 Jan 09 was computed
incorrectly.
On 22 Sep 10, the AFPC/IG notified the applicant her 11 Jan 09
CGCOR was accurate, and dismissed her complaint.
2. During the period 5 May 98 through 23 Jul 01, the
3. On 24 Jul 01, the applicant was commissioned into the
5. Between 2 Nov 07 and 19 Jan 09, the applicant had a
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On 28 Jan 11, in response to the applicant’s request for
assistance from her US Congressman, SAF/LL notified the
Congressman that the Medical Services Officer Management
Division (AFPC/DPAM) conducted a thorough review of the
applicant’s military records and confirmed she received the
appropriate Service Credit, and her CGDOR was computed
correctly.
On 30 May 12, AFPC/DPAMF2 notified the applicant they reviewed
her contentions and confirmed she was awarded the maximum amount
of service credit entitled to her. As of 2 Nov 07, she no
longer held status as a commissioned officer. She was a
civilian. When the applicant applied for commissioning with the
recruiter, she was not holding status as a commissioned military
officer; therefore, service credit was calculated to determine
her commissioning/appointment grade in the Air Force Reserves in
accordance with AFI 36-2005. AFI 36-2106 governs
transferring officers “on the active duty list” between
competitive categories. It does not apply to the applicant.
a. Military Service. Service credit is only earned for
time served as a commissioned officer. Per USC Title 10, “A
period of time shall be counted only once when computing
constructive service credit.” To prevent awarding service
credit for the same period of time for her commissioned military
service time and time spent earning her MPH degree, DPAFM2 must
subtract her two years of educational credit from her six years,
three months, and seven days of military service (24 Jul through
1 Nov 07). IAW AFI 36-2005, Table 2.5, Rule 45, she received
50 percent credit for the remaining four years, three months and
seven days, resulting in 2 years, 1 month, and 20 days credit
for her prior service as a commissioned officer.
b. Education. AFI 36-2005, paragraph 8.17 applies to the
applicant since she was being accessed onto active duty as a
Public Health Officer. She had to have a Bachelor of Science in
Nursing (BSN) with a Master of Public Health (MPH) degree.
Service credit is not awarded for a BSN degree. She received
the maximum of two years credit for her MPH degree. DPAMF2 is
not authorized to just stipulate or adjust the timeframe to
award service credit for degrees. According to AFI 36-2005,
Table 2.5, Rule 36, the amount of 24 months of service credit is
awarded for a master’s degree in public health once the degree
is “completed.” Therefore, to award the full two years credit
for her MPH degree, DPAMF2 must count backwards from the date
her degree was completed on 10 Dec 04. The applicant is not
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entitled to receive credit for the time spent working on her
degree prior to 11 Dec 02.
d. Entry Grade Credit (not service credit). IAW AFI
c Professional Work Experience. The applicant is not
entitled to earn service credit for professional work experience
because to receive credit for professional experience the
applicant must have been full time in the specialty in which she
is being appointed. The applicant’s work experience was
completed in nursing, not BSC.
36-2008, Paragraph 11, the applicant received 50 percent credit
for the period of time between when she took the oath of office
as a BSC and her EAD date. This credit is 2 months and 21 days.
e. Total Credit. This gives the applicant a combined
total credit of four years, three months and two days. However,
it takes the first four years of commissioned time (or credit)
to become a captain. Therefore, the remaining three months and
two days is applied to the applicant’s DOR as a captain. This
is “backed up” from the applicant’s EAD of 13 Apr 09, and her
resulting CGDOR is 9 Jan 11
f. Forged Document. The document the applicant claims
contains forged initials and signature has no bearing on
computing her service credit. DPAFM2 used the source documents
to complete their calculations.
On 4 Sep 12, the applicant submitted a letter directly to the
AFBCMR in response to AFPC/DPAFM2’s 30 May 12 letter. The
applicant reiterates the same points she made in her initial
application, adding:
a. She never resigned her commission, but accepted a
Health Profession Loan and was entered into the Health
Profession Loan Repayment Program (HPLRP). IAW AFI 41-110,
Medical Health Care Professionals Scholarship Programs, she
incurred an eight year active duty service obligation, part of
which was to be served in the Individual Ready Reserve (IRR).
She resigned from active duty, but did not resign her
commission. Therefore, she was a commissioned officer in the
Nurse Corp competitive category when she entered the BSC.
b. Military Service. AFI 36-2005, Table 2.5, Rule 45,
Note 13 in Rule 45 does apply to her and is the reason she
should receive her full Nurse Corps commission time. Because
the words “competitive category transfer” are in Note 13 does
4
not mean it applies to AFI 36-2106. If it applied to AFI
36-2106, it would have stated so in Note 13.
c. Education. Nowhere in the AFI does it state you must
compute the degree time by counting backwards two years from the
date the degree was completed. Accessions should have utilized
the time after her separation--2 Nov 07 through 12 Apr 09,
awarding her 1 year, 5 months, and 10 days.
d. Professional Experience. Her work experience was at
the Department of Health (DOH), working in Public Health, which
is part of BSC. The reason she did not receive credit for her
professional work was that she did not have her qualifying
degree (MPH) when working at the DOH.
A complete copy of the applicant’s letter is at Exhibit C.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAN recommends denial indicating there is no evidence of
an injustice. Based upon the applicant not holding commissioned
officer status at the time she was accessed into the active duty
Air Force, the CSC must be computed to establish commissioning
grade in the Reserves according to AFI 36-2005, with intent for
appointment to active duty according to AFI 36-2008, Voluntary
Extended Active Duty (EAD) for Air Force Reserve Commissioned
Officers. Upon separation/resignation she was not transferred to
the Air Force Reserve since she had completed all military
service obligations or active duty service commitments were
waived upon separation (i.e., Health Profession Loan Repayment
Program (HPLRP)). She was non-military between 1 Nov 07 and 19
Jan 09. The applicant’s service credit was based upon:
a. Prior Military Service. Service credit is only earned
for prior service as a commissioned officer. A period of time
can only count once. However, her prior service overlaps with
the time spent earning her degree. Therefore, to prevent dual
credit, her six years, three months, and seven days of service
time must first be reduced by the two years of educational
service credit she received for her education. According to AFI
36-2005, Table 2.5, Rule 45, she was then awarded 50 percent
credit for the remaining four years, three months, and seven
days, resulting in credit of 2 years, 1 month, and 20 days. The
applicant believes Note 13 of Table 2.5 applies to her, but she
is misinterpreting the policy. In Note 13 the term “Competitive
Category Transfer” refers one to AFI 36-2106, Competitive
5
c. Professional Work Experience. According to AFI
Category Transfer. AFI 36-2106 governs transferring officers
“on the active duty list” between competitive categories.
However, she was a non-military member when she commissioned as
a USAFR officer.
b. Education. The applicant was appointed to active duty
as a Public Health Officer based on her Bachelor of Science in
Nursing (BSN) Service degree with a Master of Public Health
(MPH) degree. Service credit is not awarded for a BSN degree.
She received the maximum of two years credit at 100 percent for
her MPH degree from 11 Dec 02 through 10 Dec 04. Per
DoD 6000.13 and AFI 36-2005, a period of time shall be counted
only once when computing service credit. Because a period of
time shall be counted only once to prevent dual credit being
earned for the overlapping time for her degree and her prior
service time, we counted backwards two years from the day her
degree was awarded on 10 Dec 04. We are not authorized to
stipulate or arbitrarily pick any two year period to award her
credit for her degree. The only rational way to award two years
credit for her degree is to count backwards two years from the
actual day she completed the degree.
36-2005, Table 2.5, Rule 41, the applicant is not entitled to
service credit for professional work experience because to
receive credit the work experience must have been full time in
the specialty in which the member is being appointed. The
applicant’s work experience was in nursing.
d. Entry Grade Credit. The applicant received 50 percent
credit for the period of time between her day of commissioning
as a BSC and her EAD date.
e. Total Credit. The applicant’s total service credit is
four years, three months and two days. After subtracting the
four years required for appointment to captain, the remaining
three months and two days were subtracted from the applicant’s
EAD date, making her CGDOR 9 Jan 11. We concur her credit was
computed inaccurately a few times; however, upon review we
determined that she had (inappropriately) received dual credit
for the period of time spent earning her degree and her prior
service time.
The applicant further states her AF Form 24, Application for
Appointment, was forged; however, this form has no bearing on
computing her service credit.
A complete copy of the AFPC/DPSI evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 9 Oct 12 for review and comment within 30 days. As
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of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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 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/DPAN and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an injustice. While we
note the comment from AFPC/DPAN stating the applicant’s CGDOR
was initially computed incorrectly, the Board is convinced her
current CGDOR is correct based upon governing policies and
instructions. To adjust the applicant’s CGDOR would be an
injustice to other similarly situated Air Force members whose
service credit was determined using the same, approved
methodologies. We also note the applicant’s allegations that
AFPC/IG did not follow what the applicant considered to be
proper procedures, and the signatures and initials on a document
in her military records were forged; however, the Board is not
an investigative body and since these contentions do not
directly impact the matter in question, the Board did chose not
address these issue. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
4. The applicant’s case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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.
________________________________________________________________
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Panel Chair
Member
Member
The following members of the Board considered AFBCMR Docket
Number BC-2012-01441 in Executive Session on 20 Dec 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 12 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Applicant, dated 4 Sep 12, w/atchs.
Exhibit D. Letter, AFPC/DPAN, dated 26 Sep 12, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 9 Oct 12.
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