RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00717
		INDEX CODE:  112.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be reinstated to the rank of major (0-4).

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APPLICANT CONTENDS THAT:

She, as a prior Army Nurse Corps officer, was commissioned as a major on entry in the Air Force.  When she received her initial orders she noticed that she was actually being appointed as a captain (0-3).  She contends that she was under the impression, during the entire accession process, that she was being appointed as a major.  She contends that her family is now suffering unnecessary financial hardship and that she is worried that because she does not have enough time in service that she will not be able to compete effectively for promotion to major in the future.

In support of her appeal, the applicant has included a personal statement, a letter to Senator Santorum, and several documents pertaining to her accession into the Air Force.

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant met an Air Force Nurse Corps accession board in June 2002.  She was accepted at the grade of major and took the oath of office on 30 July 2002.  On 27 August 2002, her recruiter notified her that a computational error had been made when figuring her constructive service credit (CSC) and that she would only be able to enter the service as a captain.  She accepted the change and re-oathed as a captain and entered the Air Force effective 30 August 2002.  The applicant’s total active federal commissioned service date is 30 August 1999, and her total active federal military service date is 21 February 1998.

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AIR FORCE EVALUATION:

AFPC/DPAMF2 reviewed this application and recommended denial.  DPAMF2 states that the applicant was aware of the fact that she would enter the service as a captain and in fact re-oathed as such.

DPAMF2’s complete evaluation is at Exhibit B.

AFPC/DPPAOR reviewed this application for the purpose of awarding additional CSC to the applicant to the end that she would then qualify for an entry grade of major.  DPPAOR recommends denial.

DPPAOR’s evaluation is at Exhibit C.

AFPC/DPPPO reviewed this application in order to determine the applicant’s promotion eligibility.  Based on her date of rank as a captain (14 Mar 96), she is meeting the CY03A Major Nurse Corps Central Selection Board, which convened on 5 May 2003, as an IPZ candidate.

DPPPO’s evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant is concerned that the essence of her application to the Board has not been relayed by the summaries presented by the OPR evaluations.  She states that she never intended to dispute the Air Force contention that a mistake was made when determining her CSC.  To the contrary, she has offered a win/win solution for the Air Force to right a wrong: Reinstate her to major after the six months she was short of being accessed as a major have passed.  She contends that had this process taken place in a civilian setting, accepting a job with a set salary, preparing to move, and then being told that the salary was actually $600 less than originally offered, would be considered unethical.  Additionally, she asserts that she is at an obvious disadvantage when competing for promotion to major as she would meet her first board only 8 months into her career while other captains meeting the board would have had seven or more years to prepare for the board.  She contends that while she knew she was entering the Air Force as a captain, she was not aware until she reached her duty station how difficult it would be for her to compete for promotion to major, under her circumstances.  She notes that she has been being paid as a major since she entered active duty and has not been able to resolve this issue to date.  She contends that she entered active duty bringing with her the core values of the Air Force of Integrity First, Service Before Self, and Excellence in all we do.  She wonders where these values were when she was being recruited.  Further, she wishes to be treated fairly and states that she is not a 19 year-old kid making outlandish claims that her recruiter promised her a ride on the space shuttle but she is a mature professional with family obligations that she is having difficulty meeting through no fault of her own.

Applicant’s response is at Exhibit F.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After carefully considering all the available documentation pertaining to this appeal, we are convinced that the applicant’s Extended Active Duty (EAD) entry grade should be changed to major.  It has been established that an error occurred in the original computation of the applicant’s Constructive Service Credit (CSC) making her six months shy of being able to accept appointment as a major.  Even though she was aware that she would enter active duty as a captain instead of a major, we believe she felt obligated to go forward regardless.  Because of her financial situation and the fact that she had already taken an oath of office twice, she eventually signed the requisite paperwork.  We believe there are sufficient mitigating factors in this appeal to warrant awarding the relief requested.  Accordingly, we note the Air Force position, predicated on our granting relief, recommends that the applicant’s new DOR be 30 August 2002.  We disagree with that position and believe the applicant’s DOR should be the day she originally took the oath to enter the Air Force as a major: 30 July 2002.  Therefore, we recommend the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

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

	a. She was awarded an additional six months Constructive Service Credit by competent authority.

	b. On 30 July 2002, she entered extended active duty in the grade of major, rather than captain, effective and with a date of rank of 30 July 2002.

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The following members of the Board considered this application in Executive Session on 17 July 2003, 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 3 Mar 03, w/atchs. 
    Exhibit B.  Letter, AFPC/DPAMF2, dated 27 Mar 03.
    Exhibit C.  Letter, AFPC/DPPAOR, dated 11 Apr 03.
    Exhibit D.  Letter, AFPC/DPPPO, dated 5 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit C.  Letter, Applicant Rebuttal, dated 10 Jun 03.

                                   
                                   Panel Chair

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2003-00717

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

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

		a. She was awarded an additional six months Constructive Service Credit by competent authority.

		b. On 30 July 2002, she entered extended active duty in the grade of major, rather than captain, effective and with a date of rank of 30 July 2002.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency