RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00654
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her date of rank (DOR) to the grade of first lieutenant (O-2) be changed from 5 Jan 10 to 31 Dec 09.
APPLICANT CONTENDS THAT:
She graduated from Phase II of the Interservice Physician Assistant Program (IPAP) on 30 Dec 09 and signed her oath of office on 31 Dec 09. The Military Personnel Flight (MPF) was closed 31 Dec 09 through 3 Jan 10 due to holidays and weekend. This combination of circumstances resulted in her first lieutenant DOR being 5 Jan 10. Six of her classmates that graduated from other Phase II locations were able to have their DOR set as 31 Dec 09 and were on the captain selection board results. A similarly situated classmate that graduated at her location had his first lieutenant DOR changed by the AFBCMR to 31 Dec 09. As the majors promotion board runs from January to December, her current DOR will place her one year behind her classmates to be eligible for promotion, even though they started school the same day, were all in the same program, and all had the same official graduation date.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 7 Jan 98.
On 31 Dec 09, the applicant was commissioned a first lieutenant in the Air Force Reserves.
On 4 Jan 10, the applicant was separated from the Regular Air Force in the grade of technical sergeant (E-6).
On 5 Jan 10, the applicant entered into extended active duty (EAD) as a first lieutenant (O-2).
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPAN defers to AFPC Service Dates Verification Office to address/validate the applicants first lieutenant DOR, but does provide information pertaining the applicants appointment in the grade of first lieutenant. In Dec 09, the applicant was commissioned as a reserve first lieutenant in the Biomedical Sciences Corps and entered active duty in Jan 10. Medical officers are commissioned in the reserves of the Air Force under AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories Reserve of the Air Force and United States Air Force, then accessed to active duty under AFI 36-2008, Voluntary Extended Active Duty (EAD) for Air Reserve Commissioned Officers. In Jan 10, the applicants CSC was computed and the amount awarded to her was two years and two days, resulting in her being appointed in the grade of first lieutenant.
A complete copy of the AFPC/DPAN evaluation is at Exhibit C.
AFPC/DPSIPV recommends denial indicating there is no evidence of an error or an injustice. The applicants current DOR, 3 Jan 10, was established in accordance with AFI 36-2008. She was commissioned as a reserve officer in the Biomedical Sciences Corps on 31 Dec 09 and entered EAD on 5 Jan 10. In accordance with AFI 36-2008, she received 50 percent credit from 31 Dec 09 to 4 Jan 10 (day prior to her EAD) for a total of two days, establishing her DOR as 3 Jan 10, with her EAD of 5 Jan 10 as the first day of travel as documented on her Master Military Pay Account (MMPA) file.
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 18 Aug 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 error or injustice. While we note the comments of AFPC/DPSIPV indicating that relief should be denied because the applicants date of rank was appropriately established in compliance with Air Force Instruction 36-2008, we also note that a Mar 2008 SAF/GCI opinion stated that the AFBCMR has authority to adjust the date of rank of an officer if, due to unusual circumstances, the appointment is delayed from the date on which it would otherwise have been made. More recently, a 10 Feb 2015 memorandum from the Undersecretary of Defense (Personnel and Readiness) flatly stated that the AFBCMR may also adjust the date of rank of an officer who has been properly appointed as was the case with this applicant. Of course the Boards authority to correct a date of rank is limited to those cases demonstrating error or injustice. We believe the circumstances here constitute an injustice. As the applicant indicates, because her 30 Dec 09 graduation from IPAP and 31 Dec 09 oath of office/commissioning took place when the local military personnel flight (MPF) was closed for the holiday season, her separation date and subsequent order to extended active duty was delayed due to no fault of her own. Moreover, while the delay constitutes an injustice based on the facts presented alone, the Board noted that others similarly situated either had their date of rank set upon signing their oaths of office 31 Dec 09, or were successful in getting the Board to correct their records showing their date of rank as 31 Dec 09. Therefore, we recommend the applicants records be corrected as indicated below.
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show a date of rank (DOR) in the grade of first lieutenant (O-2) of 31 December 2009 rather than 3 January 2010.
The following members of the Board considered AFBCMR Docket Number BC-2014-00654 in Executive Session on 27 Jan 15 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-2014-00654 was considered:
Exhibit A. DD Form 149, dated 22 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPAN, dated 9 Jun 14, w/atchs.
Exhibit D. Memorandum, AFPC/DPSIPV, dated 17 Jul 14,
w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 18 Aug 14.
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