RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01434

						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED


APPLICANT REQUESTS THAT:

Her entry/commissioning grade be changed to Captain (Capt/O-3) 
rather than First Lieutenant (1Lt/02).


APPLICANT CONTENDS THAT:

She was commissioned/appointed as a captain; however, because of 
a change in the Constructive Service Credit (CSC) policies, she 
was placed on active duty in the grade of first lieutenant.

At no time was she notified of a change in the rules that capped 
CSC at 3 years of service; nor did she sign any paperwork that 
her rank would be changed from 03 to 02. 

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


STATEMENT OF FACTS:

On 22 Nov 13, the applicant was commissioned as a first 
lieutenant in the Nurse Corps as a Reserve of the Air Force.  

On 12 Jan 14, the applicant was placed on EAD in the Regular Air 
Force to attend the Commissioned Officer Training (COT) course.

On 17 Dec 14, the applicant was promoted to the grade of 
captain.


AIR FORCE EVALUATION:

AFRS/RSO recommends approval for the Air Force to issue back pay 
and rank credit to the grade of captain. AFRS indicates there 
initial grade credit and estimate for pay computations were 
correct and based on FY13 CSC (maximum 4 years/in the grade of 
captain) policy.  AFRS was unaware that once the current FY CSC 
letter expired, the governing AFI would change to FY14 CSC 
(maximum 3 years/in the grade of first lieutenant) policy.  AFRS 
were operating under the assumption that everyone affected would 
be grandfathered and allowed to be commissioned under the rank 
initially validated and promised.  AFRS has implemented measures 
to prevent similar future issues.  

AFRS personnel continued the commissioning program with the 
expectation a new memo for FY14 would be disseminated without 
any changes in entry grade eligibility; however on 19 Nov 13, it 
was confirmed this was not the case and all applicants 
commissioned after 30 Sep 13 were subject to a reduced entry 
grade.  The first email/notification was sent out to the field 
on 11 Dec 13 and then again on 20 Dec 13 and 23 Jan 14.  
Unfortunately, the changes included in the FY14 CSC policy 
letter were not disseminated to field recruiters in a timely 
manner and many applicants were affected by this change.

Upon completing her commissioning ceremony on 25 Nov 13, AFRS 
officials sent the applicant official commissioning documents to 
the Air Force Personnel Center (AFPC) for final approval.  It 
was during the AFPC review that it was determined her estimated 
grade of Captain did not meet the most updated guidance.

The applicant was informed by recruiting service personnel of 
the grade decrease prior to entering active duty.  Furthermore, 
she was given the option to enter at the rank of 1Lt or decline 
her commission in the Air Force. 

On or about 7 Jan 14, she opted to complete the new 
commissioning documents indicating her agreement to enter the 
Air Force as a 1Lt.  

The complete RSO evaluation is at Exhibit C.

AFPC/DPAN recommends denial based on the FY14 CSC policies in 
effect at the time the applicant was accessed on active duty.  

The Secretary of Defense (SECDEF) approved the applicant’s 
Capt/Reserve appointment (19 Mar 13) and Capt/Regular 
appointment (25 Mar 13).  However, applicant only earned enough 
service credit under the FY 14 CSC policy for Reserve/Regular 
First Lieutenant.

CSC is computed in accordance with Air Force Instruction (AFI) 
36-2005, Appointment in Commissioned Grades and Designation and 
Assignment in Commission Grade and Designation and Assignment in 
Professional Assignment categories – Reserve of the Air force 
and United States Air Force, which implements the requirements 
laid out in Department of Defense Instruction (DODI) 6000.13 and 
prescribed by 10 USC 12207.

Service credit is used to determine an officer's grade for 
commissioning and entry to active duty based on successful 
completion of education, training and professional experience. 
Entry grade credit (not CSC) is also earned as stated in AFI 36-
2008, Voluntary Extended Active Duty (EAD) for Air Force Reserve 
commissioned Officers.  Civilian applicants (not currently 
holding status in the Air Force Reserve) being accessed to 
active duty as a medical officer are commissioned in the Reserve 
of the Air Force under AFI 36-2005, and then accessed to active 
duty (Regular) under AFI 36-2008.  

In Nov 13, AFRS initially negotiated the applicant's 
commission/entry to active duty grade based on the FY13 CSC 
policy memo as stated in their response.  The FY13 CSC policy 
authorized the applicant to receive up to 4 years of CSC for 
professional experience allowing her to commission as a Captain 
(AFI3 6-2005, Table 2.1) and access to EAD as a Captain (AFI 36-
2008, Table 1).

In Dec 13, AFPC Medical Officer Accessions verified the 
applicant was not holding status as a commissioned officer; 
therefore, service credit was calculated to determine her 
commissioning/enter to active duty grade according to DoDI 
6000.13, AFI 36-2005 and AFI 36-2008.  AFI 36-2005, Rule 41 
authorizes a maximum of 3 years professional experience credit.  
Once the max credit (3 years) under rule 41 has been awarded, 
Rule 42 authorizes additional professional experience credit 
based on the appropriate FY CSC policy.  The FY13 CSC policy 
authorized 12-months additional professional experience credit 
(max of 4 years credit); the FY14 CSC policy authorized no 
additional credit (max of 3 years credit as listed in rule 41).  
The FYI4 CSC policy applies to her case because she accessed to 
active duty in Jan 14.  She also received 25 days entry grade 
credit in accordance with AFI 36-2008, paragraph 11.  The FY14 
CSC policy authorized her to earn 3 years and 25 days credit; 
however, the FYI3 CSC policy would have authorized her to earn 
4 years and 25 days credit if accessed in FY13 instead of FY14.

The complete DPAN evaluation, with attachments, is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 6 Feb 15 for review and comment within 30 days 
(Exhibit E).  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 injustice.  After a thorough 
review of the evidence of record and the applicant’s complete 
submission, we believe the applicant is the victim of an error 
or injustice.  While we note the comments of AFPC/DPAN 
indicating that relief should be denied because the applicant’s 
records contain no documentation substantiating the applicant’s 
contention that she should have entered active duty at the grade 
of captain rather than first lieutenant, we agree with the 
opinion and recommendation of the Air Force Recruiting Service 
and adopt its rationale as the basis for our conclusion the 
applicant has been the victim of an error or injustice.  
Therefore, we recommend the applicant's records be corrected as 
indicated below.  

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 RECOMMENDS THAT:

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

On 22 November 2013, she was appointed in the grade of Captain 
(O-3), Reserve of the Air Force, as an exception to the 
Constructive Service Credit (CSC) policy as permitted by 
DODI 6000.13, paragraph 6.1.2.2.6.  On 12 January 2014, she 
commenced a period of extended active duty (EAD) in said grade.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01434 in Executive Session on 14 Apr 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

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

	Exhibit A.  DD Form 149, dated 2 Apr 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFRS/RSO, dated 15 Jun 14.
	Exhibit D.  Letter, AFPC/DPAN, dated 15 Dec 14, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 15.