RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05070

					COUNSEL:  NONE

		HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

Her date of rank be corrected by giving her five to six months constructive service credit (CSC) she is entitled to receive. 


APPLICANT CONTENDS THAT:

Her work history has not been accurately evaluated to show complete dates of employment and concurrent time awarded as a licensed American Society of Clinical Pathology (ASCP) professional medical technologist.  

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Air Force Reserve on 21 Dec 10, commissioned as a second lieutenant (O-1).  

On 8 Jan 11, the applicant was ordered to active duty in the Regular Air Force.  

On 14 Apr 12, the applicant was promoted to the grade of first lieutenant (O-2), effective and with a date of rank of 14 Apr 12.  

On 14 Aug 14, the applicant was honorably discharged in the grade of captain (O-3), effective and with a date of rank of 14 Apr 14 , transferred to the Air Force Reserve, and was credited with three years, seven months, and seven days of active service. 

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPAN recommends denial of the applicant’s request for an additional five to six months of constructive service credit (CSC) for her professional experiences prior to entering active duty or receiving a commission.  Upon review of the documentation submitted by the applicant there is no justification to award the additional professional experience requested because the additional credit the applicant is attempting to claim does not meet the CSC criteria established by AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories Reserve of the Air Force and United States Air Force, that implements Title 10, U.S.C., Section 12207, which pertains to determining service credit.

It is important to note that AFPC/DPAN, during the review of the applicant’s instant request, determined that she had previously received a total of two years, three months, and fifteen days of CSC, which served to accelerate her promotions to first lieutenant (O-2) and captain (O-3).  However, a thorough review of the applicant’s records revealed that 8 months and 15 days of said credit, for two employment periods, was awarded erroneously (later determined to be 8 months and 24 days of CSC, which included nine days of grade credit).  In accordance with AFI 36-2005, Table 2.5, note 11, CSC is not awarded for experience of 1/2 year or less or for periods of unemployment of more than 30 days; therefore, she was not entitled to receive professional experience credit for two periods of employment that were less than six months duration, and employment breaks were all greater than 30 days between employments.  Notwithstanding the recommendation to deny the applicant’s request for additional professional experience credit, if the decision is to grant some relief, the applicant’s record should be corrected to reflect that the CSC policy be waived to allow the applicant to retain the professional experience credit she erroneously previously received. 

A complete copy of the AFPC/DPAN evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 May 14 for review and comment within 30 days (Exhibit D).  IAW 10 USC 1556, on 26 Mar 15 the AFBCMR sent the applicant an email summary of additional ex parte communications between the AFBCMR staff and OPR regarding her case.  The email reiterated the OPR advisory rendered to her on 20 May 14, wherein the OPR recommended disapproval of her request for additional CSC.  The email went on to clarify the ramifications of the removal of the over 8 months of erroneously awarded CSC from her records pertaining to her dates of rank, and nullification of her promotion to captain.  While the email noted the OPR made a conditional recommendation that her records be corrected to show that such credit was appropriately awarded and such a correction by the Board could preclude adverse changes to her dates of rank and promotion, this did not constitute a guarantee that the Board will make such a recommendation.  She was advised that she had the opportunity to provide any comments or additional evidence if she saw fit.  The applicant immediately replied advising she wanted to move forward and entrust the Board to make the decision that is best on her behalf and in accordance with the recommendation of relief under the circumstance (A complete copy of the e-mail summary is at Exhibit E).     


THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to warrant the award of additional constructive service credit (CSC) to the applicant.  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 with respect to her request for additional CSC.  Therefore, in the absence of evidence to the contrary, we find no basis to grant the relief sought in this application. 

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the Constructive Service Credit (CSC) the applicant was credited with prior to submitting her instant application for correction of military records.  In this respect, we note that AFPC/DPAN has advised us that the applicant was erroneously credited with 8 months and 24 days of CSC, which included nine days of grade credit, as the result of an administrative error, that said credit would have to be removed and her records administratively corrected to adjust her dates of rank (DOR) to reflect the dates she would have been promoted had she not been granted CSC.  Our review of the record indicates that the removal of this credit will result in the applicant’s DOR for the grade of second lieutenant to be adjusted from 14 Apr 10 to 29 Dec 10, her DOR for the grade of first lieutenant to be adjusted from 14 Apr 12 to 29 Dec 12, and result in her promotion to the grade of captain (O-3), with a DOR of 14 Apr 14, to be nullified as she would not have been eligible for promotion to captain until 29 Dec 14, which was after her honorable discharge on 14 Aug 14.  While such errors, which are due to no fault of the member, are regrettable and we do not usually find that the Air Force’s action to correct such errors constitutes an error or injustice, we believe the unique circumstances at play in this case would cause this applicant to be the victim of an injustice if said credit was removed.  In this respect, we note that the proposed administrative correction would customarily result in a debt being generated as a result of the adjustment of the DOR(s); however, most currently serving members would not be confronted with the prospect of removing a promotion already effected as a result of the erroneous credit, but would simply have the date of rank of their current grade adjusted.  However, because the applicant has separated since submitting this application, we have been advised by AFPC/DPAN that the removal of her erroneously awarded CSC would cause her records to be corrected to reflect that she was discharged in the grade of first lieutenant, instead of captain.  While we question AFPC’s authority to remove an appointment and/or adjust the dates of rank resulting from the erroneously granted CSC, in view of the fact that the error was due to no fault of the applicant, we believe it appropriate to recommend that her records be corrected to reflect that such credit was bestowed as an exception to policy, thereby nullifying the requirement to administratively correct her records in the manner proposed by the Air Force OPR.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below.   

5.  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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that as an exception to policy, competent authority granted the applicant 8 months and 24 days of constructive service credit (CSC), which included nine days of entry grade credit, when she was accessed into the Regular Air Force in 2011.


The following members of the Board considered AFBCMR Docket Number BC-2013-05070 in Executive Session on 11 Dec 14 under the provisions of AFI 36-2603:



	

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket number BC-2013-05070 was considered:

	Exhibit A.  DD Form 149, dated 21 Oct 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAN, dated 1 May 14, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 20 May 14.
Exhibit E.  Emails, AFBCMR-Applicant, dated 26 Mar 15.