RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01276
		INDEX CODES:  131.00, 136.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His rank be changed and an opportunity for retirement be granted.

By amendment, his records be corrected to allow him the opportunity to serve twenty years, qualifying him for retirement; and, that his rank be corrected to major with two and a half (2.5) years towards promotion to the grade of lieutenant colonel, retroactive to Jul 00.

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APPLICANT CONTENDS THAT:

He was misled regarding the explanation of Sections 5 and 7B of AETC Form 1430, Statement of Understanding, Applicant for Extended Active Duty – USAF Health Professions.  Additionally, he was coerced into signing a letter that he did not write.  He was lied to regarding his assigned rank, pay, and opportunity for retirement.

In support of his appeal, the applicant provided an expanded statement, a personal statement, copies of the AETC Form 1430, letters of thanks/appreciation, his Officer Performance Report (OPR) closing 21 May 01, and other documents associated with the matter under review.

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

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STATEMENT OF FACTS:

Applicant was appointed a captain, Reserve of the Air Force, on 5 Apr 00.  He was voluntarily ordered to extended active duty on 21 May 00.

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of captain, with a current grade date of rank of 5 Apr 97, and an effective date of 21 May 00.  His Total Active Federal Military Service Date (TAFMSD) is 21 May 00.

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AIR FORCE EVALUATION:

AFPC/DPAMF2 recommended denial, noting that credit is awarded for full-time work experience (minimum six months, maximum three years), prior service and education.  They indicated that although it could not be determined what the recruiter told the applicant, all appropriate credit was awarded.  The applicant did initial Section 5 on AETC Form 1430, indicating he understood that he is ineligible for Regular Air Force (RegAF) Appointment.  Furthermore, he initialed Section 7b of AETC Form 1430, indicating he understood under current law that the inability to complete 20 years of military service before age 60 rendered him ineligible for retirement.  For an active duty member to complete twenty years, they must have come on active duty prior to age 40.  Although waivers are sometimes granted, that was not the case for the applicant.  Recruiters are responsible for ensuring applicants understand the retirement program prior to the AETC Form 1430 being initialed or signed.  AETC Form 1430 was signed by applicant on 31 Jan 00 and witnessed by Technical Sergeant (TSgt) Air Force Recruiting Service (AFRS).  

AFPC/DPAMF2 noted that the applicant cited the Surgeon General Newsletter and AFI 36-2610, regarding retirement age and Conditional Reserve Status (CRS), as being applicable to his scenario.  However, they indicated at the time the applicant signed AETC Form 1430 this was not applicable.  

AFPC/DPAMF2 also noted the applicant’s statement that it was explained to him by his recruiter that he would receive four years constructive credit for dental school and enter the Air Force as a captain.  He further stated that he had 17 years in private practice and should have been given eight additional years credit, thus entering the Air Force as a major.  AFPC/DPAMF2 indicated that AFI 36-2005 states general dentists get four years constructive credit for dental school and allows entry in the grade of captain.  Furthermore, a one-year grade credit is given for every two years in private practice with a cap of three years grade credit (no cap for traditional specialists).  According to DPAMF2, AFPC/DPAMD has the final determination on exceptions and in the applicant’s case, he did not have advanced training or special qualifications that would have allowed for entry as a major.  

AFPC/DPAMF2 noted that the applicant further cited a fifty-seven year old accession that he is aware of who had completed two years of active duty, separated, and was to return as a lieutenant colonel in Fiscal Year 2002 (FY02).  He cited this individual as a general dentist not a specialist.  According to AFPC/DPAMF2, a HQ USAF/SG letter, dated 15 Jan 2002, FY02 Additional Constructive Service Credit for Health Professionals, states that general dentists are authorized additional credit.  Applicant entered in Fiscal Year 2002 (FY00) when there was not a critical shortage of dentists and additional credit was not authorized by HQ USAF/SG.  AFPC/DPAMF2 indicated that the Chief, Dental Corps Utilization and Education Branch (AFPC/DPAMD), stated that he thoroughly reviewed applicant’s file and it appears all procedures were followed.  Again, a determination of what the applicant was briefed by the recruiter is not possible to determine.

A complete copy of the AFPC/DPAMF2 evaluation, with attachments, is at Exhibit C.

AFPC/DPPPOC reviewed this application and indicated that the applicant is ineligible to apply for CRS because he cannot complete 20 years of Total Active Federal Military Service (TAFMS) to include 10 years of Total Active Federal Commissioned Service (TAFCS) by age 60.  Reserve officers, who are ineligible for CRS, may submit Specified Period of Time Contracts to obtain active duty retainability.  The applicant will be offered a RegAF Appointment, if selected for promotion to lieutenant colonel, since he is able to complete 20 years of TAFMS to include 10 years of TAFCS be the last day of the month in which he turns age 62.  By Air Force policy, Medical Corps and Dental Corps officers are only offered a RegAF Appointment in conjunction with promotion selection to the grade of lieutenant colonel and colonel.  If the applicant accepts the RegAF Appointment offer he will become eligible for an active duty retirement.

AFPC/DPPPOC indicated that they have reviewed the applicant’s request, along with AFPC/DPAMF2’s advisory, and believe these clearly addressed the CRS and RegAF eligibility statements the applicant initialed on the AETC Form 1430.  Further, they believe the statements the applicant initialed clearly advised him of his eligibility, as a Reserve officer, for an active duty retirement and request to remain on active duty by submitting SPTCs.  If selected for promotion to the grade of lieutenant colonel, the applicant will have the opportunity to accept the RegAF Appointment and receive an active duty retirement.

A complete copy of the AFPC/DPPPOC evaluation, with attachments, is at Exhibit D.

AFPC/DPPRRP reviewed this application and indicated that the United States Code (USC), Title 10, Section 8911, provides that the Secretary of the Air Force may, upon the officer’s request, retire a Regular or Reserve commissioned officer of the Air Force who has at least 20 years of service computed under Section 8926, at least 10 years of which have been active service as a commissioned officer.  The applicant would not complete 20 years of active service prior to reaching age 60, which makes him ineligible for an active duty retirement.  He acknowledged this fact when he initialed and signed the AETC Form 1430.  AFI 36-3207, Separating Commissioned Officers, Paragraph 3.3, stipulates that Reserve officers who reach the age limit of age 60, will be released or discharged.  

According to AFPC/DPPRRP, the applicant is not currently eligible for an active duty retirement and will never be able to meet the eligibility requirements of Section 8911 unless he is promoted to the grade of lieutenant colonel and accepts a Regular Air Force appointment.

A complete copy of the AFPC/DPPRRP evaluation, with attachments, is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that he was misled and coerced into signing documents with incorrect information regarding his retirement and rank during his accession into the Air Force Dental Corps.  He believes that the avenue used to lure him was the fact that he was a minority.  The recruiter did state that the Dental Corps was short of minority dentists.  He is not stating that this is a race issue, but that it was used to recruit him.  He has fought his dilemma for over two years.  It has been a frustrating, mental, physical, emotional, and financial burden for him.  He has been to all levels for guidance and was even told by the Inspector General’s (IG) office to get out, give his story to the Air Force Times, and sue the Air Force.  He does not believe that it is too much to ask to work for his country for the next 17 years at the rank, pay, and retirement opportunity he was promised.  He asks for the Board’s careful consideration in reviewing his case and, if at all possible, he would like to be present for a hearing.

Applicant’s complete response, with attachments, is at Exhibit G.

Subsequent to his response, statements from the Chief, Periodontics, Clinical Dentistry Flight Commander, Deputy Chief, Operations Management Division, the former Deputy Commander, --th 

Medical Group, and the Deputy Commander, --th Dental Squadron, 
were provided on behalf of the applicant, which are attached at Exhibit H.

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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 error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions or the documentation submitted in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility (OPRs).  No evidence has been presented which shows to our satisfaction that the applicant was miscounseled, was a victim of coercion, his constructive service was erroneously computed, or that he was treated differently from similarly situated individuals.  Therefore, we agree with the recommendation of the OPRs and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number 02-01276 in Executive Session on 28 Jan 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAMF2, dated 20 Jun 02, w/atchs.
    Exhibit D.  Letter, AFPC/DPPPOC, dated 9 Sep 02, w/atchs.
    Exhibit E.  Letter, AFPC/DPPRRP, dated 4 Oct 02, w/atchs.
    Exhibit F.  Letter, SAF/MRBR, dated 11 Oct 02.
    Exhibit G.  Letter, applicant, dated 2 Jan 03, w/atchs.
    Exhibit H.  Letters, in applicant’s behalf, dated 13 Jan 03,
                14 Jan 03, 15 Jan 03, and 16 Jan 03.