RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02096
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her records be corrected to reflect that she was appointed in
the grade of captain (O-3), instead of first lieutenant (O-2).
APPLICANT CONTENDS THAT:
It would be unjust for her rank to be changed. Her recruiter
told her that her many years of experience would be applied
toward the grade of captain and she was commissioned in said
grade, only to have it later removed. Had she known she would
be accessed in the grade of first lieutenant (O-2) she may have
made other decisions. The error should have been corrected
prior to her commissioning and arrival to her first duty
station. This demotion is very embarrassing and has been
damaging to her and her familys morale.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 16 Oct 13, the applicant was conditionally selected for
appointment in the grade of captain in the clinical nurse career
field.
On 13 Nov 13, the applicant was commissioned in the grade of
captain (O-3) in the Reserve of the Air Force.
On 12 Jan 14, the applicant commenced a period of extended
active duty (EAD) and, according to her EAD orders, she was
ordered to attend commissioned officer training (COT) during the
period 14 Jan 14 through 14 Feb 14.
On 5 Feb 14, the applicants appointment orders were amended to
reflect that she was appointed in the grade of first lieutenant
(O-2) instead of captain (O-3), with remarks that read: Member
only entitled to the amount of service credit to access to
active duty (AD) in the grade of 1Lt (IAW AFI 36-2005,
Appointment in Commissioned Grades and Designation and
Assignment in Professional Categories Reserve of the Air Force
and United States Air Force, Table 2.5.).
On 21 Feb 14, the applicant arrived at her first duty station.
On 12 Dec 14, the applicant was promoted to the grade of captain
with an effective date of 12 Dec 14.
The remaining relevant facts pertaining to this application are
described in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are included at Exhibits C
and D.
AIR FORCE EVALUATION:
AFPC/DPANF defers recommendation to Air Force Recruiting Service
(AFRS) as the applicant entered active duty via AFRS.
A complete copy of the AFPC/DPANF evaluation is at Exhibit C.
AFRS/RSO recommends approval, indicating there is evidence of an
error or injustice. Based on the applicants four years of
experience, she was assured that she would be commissioned in
the grade of captain under the Fiscal Year (FY) 2013,
Constructive Service Credit (CSC) policy letter. This policy
letter was effective only during FY13 and expired on 30 Sep 13.
AFRS personnel expected the new policy would be disseminated
without any changes to entry rank eligibility; however, on 19
Nov 13, it was confirmed that all applicants commissioned after
30 Sep 13 were subject to a reduced entry rank.
Unfortunately, field recruiters were not notified in a timely
manner and many applicants were affected by this change. The
applicant was informed of the rank decrease on 6 May 14, long
after she had entered active duty. Unlike other individuals
affected by the policy change, she was not given the option to
enter at the grade of first lieutenant or decline her
commission. In this case, the applicant should be issued back
pay if applicable and/or grade credit to captain.
A complete copy of the AFRS/RSO evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 6 Jan 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. We took notice of
the applicants complete submission in judging the merits of the
case and we agree with the opinion and recommendation of
AFRS/RSOC and adopt its rationale as the basis for our
conclusion that corrective action is warranted. While we note
that despite the fact the applicant was led to believe she would
be accessed in the grade of captain, her appointment in the
grade of first lieutenant was procedurally correct and
consistent with the constructive service credit (CSC) policy
prescribed in AFI 36-2005, which was the policy in effect at the
time of the applicants accession once the FY13 CSC policy
expired on 30 Sep 13; however, we believe a preponderance of the
evidence indicates the applicant is the victim of an injustice.
In this respect, we note that it is clear the applicant was led
to believe that she was to be appointed in the higher grade and
we find it reasonable to conclude that had she known that she
was going to be appointed in the lower grade, she would not have
pursued a commission with the Air Force. Therefore, we
recommend the applicants records be corrected as indicated
below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show the
following:
a. Competent authority approved her appointment in the
grade of captain (O-3), Reserve of the Air Force, effective
13 November 2013, as an exception to the Constructive Service
Credit (CSC) policy.
b. 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-2014-02096 in Executive Session on 25 Feb 2015 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-2014-02096 was considered:
Exhibit A. DD Form 149, dated 15 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPANF, dated 29 Aug 14.
Exhibit D. Memorandum, AFRS/RSO, dated 5 Nov 14.
Exhibit E. Letter, SAF/MRBR, dated 6 Jan 15.
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