RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00173
		INDEX NUMBER:  131.00

	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was commissioned as a first lieutenant vice second lieutenant upon his entry into the Air Force.

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APPLICANT CONTENDS THAT:

He was told by his recruiter that he had enough experience to be commissioned as a first lieutenant.

Based on the guidance contained in AFI 36-2005, he has enough work experience to be commissioned a first lieutenant.

In support of his appeal, the applicant submitted copies of his Pay stubs to show the number of hours he has worked as a Registered Nurse compared to the number of hours the Air Force requires for him to be commissioned as a first lieutenant.  He also provides a copy of the letter advising him that he would be commissioned as a first lieutenant.

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

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STATEMENT OF FACTS:

The applicant entered active duty on 16 April 2001 in the grade of second lieutenant as a Nurse.  The remaining relevant facts pertaining to this case are contained in the evaluation done by the appropriate office of the Air Force found at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPMAF2 recommends denial of the applicant’s request.  In accordance with AFI 36-2005, an individual achieves full time professional experience by being employed 40 hours per week in one or more places.  Individuals employed 32-39 hours per week and considered full time employees must submit a letter from their employer verifying they are full time employees.  The applicant did not provide this letter.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responds in his rebuttal that the regulation used to determine the grade he was commissioned in the Air Force adheres to a very narrow definition.  He points out his experience far exceeds that of a second lieutenant.  He states that he will be held to a higher standard than other second lieutenant nurses because they are not certified, giving him the responsibility without the commensurate rank.  He further provides a letter of support from his present supervisor.

The applicant’s complete response, with attachments, is at Exhibit E.

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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 probable error or injustice.  Based on the documentation submitted by the applicant, it does appear that he is a qualified and experienced nurse.  However, the majority of the Board noted the applicant failed to provide the letter required by Air Force Instruction 36-2005, Table 2.5, Rule 45 (Note 14) from his former employer verifying that he was a full time employee.  Regardless of the merits of this policy, it is a mandatory requirement that anyone in a similar circumstance must meet.  While it is regrettable that the applicant was initially misinformed regarding the constructive service credit he would receive, he was fully informed when he voluntarily entered active duty as a second lieutenant.  Should the applicant provide the letter required by AFI 36-2005, the Board will reconsider his case.  Therefore, in the absence of evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number 02-00173 in Executive Session on 19 March 2002, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny applicant’s request.  Ms. Willis voted to grant the applicant’s requests but did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPMAF2, dated 31 Jan 02.
    Exhibit D.  Letter, SAF/MIBR, dated 15 Feb 02.
    Exhibit E.  Letter, Applicant, dated 13 Mar 02, w/atchs.

                                   

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXX, XXX-XX-XXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.