RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01894

VALYNCIA S. HILL			COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her Date of Rank (DOR) to the grade of captain (O-3) be changed 
from 27 January 2010 to 5 July 2008.


APPLICANT CONTENDS THAT:

She previously served on active duty for two years and in the Air 
Force Reserve for seven years.  Her DOR to the grade of captain 
was 5 July 2008.  She reentered active duty as a member of the 
Judge Advocate General (JAG) Corps on 3 June 2013, and 
subsequently learned that her DOR to the grade of captain had 
changed.  If there is no statutory requirement that her DOR be 
adjusted, she should be allowed to keep her original DOR.  
Regardless of what component she was in, she earned the 5 July 
2008 DOR and it is was unfair to adjust it.

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


STATEMENT OF FACTS:

On 5 June 2004, the applicant entered the Air Force Reserve.

According to Reserve Order BA-249 dated 19 June 2008, the 
applicant was promoted to the grade of captain with a DOR of 
5 July 2008 in the Reserve of the Air Force.

According to DD Form 368, Request for Conditional Release, dated 
10 May 2013, the applicant was released from the Air Force 
Reserves and transferred to the Regular Air Force.

According to AF IMT 766, Extended Active Duty Order, dated 1 May 
2013, the applicant entered active duty on 3 June 2013.

According to AFPC Form 282, Date of Rank Computation, dated 
17 June 2013, the applicant’s current DOR to the grade of captain 
is 27 January 2010.

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/JAX recommends denial indicating there is no evidence of an 
error or an injustice.  The JAG of the Air Force selected the 
applicant for accession into the Air Force JAG Corps in October 
2012.  Following the selection decision, the applicant contacted 
JAX to request her official DOR calculation.  JAX informed the 
applicant that they were not able to provide the requested 
information since they are not the OPR for computing constructive 
service credit or determining DOR.  JAX notified the applicant 
that is was in contact with the Service Verification Section, 
AFPC/DPSIPV, the office responsible for verifying constructive 
service credit and DORs.  She subsequently entered active duty on 
3 June 2013.  On 17 June 2013, DPSIPV provide JAX with the 
applicant’s calculation.  JAX forwarded the constructive service 
credit calculation to the applicant on 19 June 2013.

To obtain relief, the applicant must show by a preponderance of 
the evidence some error or injustice warranting corrective action 
by the Board.  Title 10 USC § 1552, Correction of military 
records:  claims incident thereto, federal courts have 
consistently defined “injustice” as that behavior or action that 
rises to the level that “shocks the sense of justice.”  
Considering all the circumstances in this case, the applicant's 
record should not now be altered, as she has failed to establish 
an error warranting corrective action and the circumstances simply 
do not rise to a level that “shocks the sense of justice” within 
the meaning of 10 USC§ 1552.

A complete copy of the JAX evaluation is at Exhibit C.

AFPC/DPSIPV recommends denial.  The applicant was commissioned as 
a Line of the Air Force Reserve second lieutenant (O-1) on 5 June 
2004; entered extended active duty on 5 August 2004, discharged 
from active duty on 28 August 2006; and appointed back into the 
Line of the Air Force Reserves on 29 August 2006, where she 
remained until the JAG appointed her into the Reserve JAG Corps on 
6 May 2013.  On 3 June 2013, she entered extended active duty as a 
JAG Corps captain.  On 17 June 2013, the Service Dates 
Verification Branch computed her DOR based on the constructive 
service credit worksheet provided by USAF/JAX.  In accordance with 
AFI 36-2005, Appointment in Commissioned Grades and Designation 
and Assignment in Professional Categories -- Reserve of the Air 
Force and United States Air Force, paragraph 2.18, the appointing 
authority (USAF/JAX) is responsible for awarding constructive 
service credit to individuals commissioning into the professional 
career fields.  As a prior Line of the Air Force member, she lost 
DOR credit when she changed competitive categories (Line of the 
Air Force to JAG).  The appointing authority for JAG Corps 
determines the amount of credit for newly appointed JAG Corps 
officers as described in AFI 36-2005, Table 2.6, Rules 8-13.

A complete copy of the DPSIPV evaluation, with attachments, is at 
Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 May 2015, copies of the Air Force evaluations were forwarded 
to the applicant 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force OPRs and adopt their rationale as 
the basis for our conclusion the applicant has not been the victim 
of an error of injustice.  Therefore, in the absence of evidence 
to the contrary, we find no basis to recommend granting the 
requested relief.


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-2014-01894 in Executive Session on 7 and 8 July 2015, under the 
provisions of AFI 36-2603:

      XXXXXXXXXXXXXXXX, Panel Chair
      XXXXXXXXXXXXX, Member
   XXXXXXXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01894 was considered:

      Exhibit A.  DD Form 149, dated 30 April 2014, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Memorandum, USAF/JAX, dated 4 September 2014
      Exhibit D.  Memorandum, AFPC/DPSIPV, dated 13 May 2015, 
  w/atchs.
      Exhibit E.  Letter, SAF/MRBR, dated 26 May 2015.