RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02979
		
		COUNSEL:  NONE	

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His original date of rank (DOR) to captain be restored to 14 June 2002, the time he was employed as a physical therapist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was being demoted, period!  He was not, like he had heard from AFPC essentially given the correct rank or served as a de facto captain.  He was demoted!  Wearing the rank for more than a year means something to him, as it should to the USAF.  He is, a dedicated military officer and just wants the right thing to be done. 

He does not know why this routine record review occurred.  Why there was so much miscommunication and misunderstanding of what would happen when whoever made this decision did.  He could sit there and throw many questions out there but in the end he will just end up frustrated and wanting to yell, why!  Why him!  However, he wants to end this letter with what he does know.  There were several errors made by the USAF and none by one of its, he believes, finest young officers.  Unfortunately though, he is the only one paying professionally, personally, emotionally, and financially.  It is impossible to be compensated for what he has endured.  However, he asks the board to please do the right thing and change his DOR to 14 June 2002.

In support of his request applicant submitted a personal statement, provided letters of support from his commander, supervisors, and co-workers, letters from AFPC/DPAMW, HQ USAF/SG, AFPC/DPPPOC, Extended Active Duty special orders #AH-1142and amendment special orders #AH-0963, and emails,  

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant came in the Air Force as a physical therapist in the Biomedical Sciences Corps (BSC) in May 2002. Upon entry, was given 4 years service credit for his Doctorate in Physical Therapy from Creighton University, thus he entered the USAF as a Captain.  In May 2003, during a routine record review, it was noted that actual length of the program at Creighton University was 3 years. 

On 3 June 2003, the applicant’s extended active duty order was corrected to reflect the appropriate credit.  The change in credit affected his rank upon entry to the USAF—he should have come in as a first lieutenant not a captain.

Applicant was granted a waiver of indebtedness for any erroneous pay and allowances received since the error was through no fault of his own.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMM recommended denial and stated that AFI 36-2005, table 2.5, rule 40 provides information on the amount of service credit that is awarded for individuals appointed into the BSC career field.  In order for the applicant to come in as a captain he would have had to have four years constructive credit and he only had three.  Unfortunately, his service credit was incorrectly computed when he was originally accessed as a captain.  

AFPC/DPAMM complete evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated before he begin to write about why he believes he was singled out he wants to make a few case and points about the advisory opinion memo. In the facts section of the memo Col  , dated 2 July 2003, was referenced.  First, they reported Col   requested the applicant be granted a waiver for his indebtness when a close look at this memo clearly demonstrates she refers to him as a captain not a lieutenant.  In addition, in the basis for request section of the advisory opinion memo it is reported he wore the rank of captain for 11 months.  His only contact with AFPC was through Col   and as in the previously submitted e-mail correspondence between the Col and he and this memo demonstrates he was a captain longer than 11 months.  Technically, perhaps he was a lieutenant however verbally he was assured his rank wouldn’t change and he was notified that he was anything else but a captain.  In addition, verbally Col   informed him she would support his BCMR to have his DOR reinstated.  Of course this was before he was actually forced to take off his captain bars and his squadron commander Lt Col   started to call Col   to try and find out what happened.  Col   never attempted to get in touch with him after this point.  He does know through his squadron commander that Col   was transferring and would pass down this information to her replacement and that they/her office would still be supportive of his BCMR.  It is his understanding that her replacement/previous office is the same place the memo of advisory opinion memo originated.  

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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 error or injustice warranting.  After a thorough review of the evidence presented, it appears that the applicant was miscounseled by his recruiter concerning the actual constructive service credit and grade he would receive in the Biomedical Sciences Corps (BSC) as a physical therapist.  To require the applicant to revert to the grade of first lieutenant would cause personal hardship to the applicant, based on mistakes made by the Air Force.  Furthermore, and more importantly, HQ USAF/SG has changed the policy to remain competitive with the other services and award service credit consistently, awarding 24 months for a relevant master’s degree and 48 months for a doctorate effective immediately.  Based on the above and in an effort to provide the applicant full and fair relief, we recommend his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded one additional year of constructive service credit and was appointed a captain, Reserve of the Air Force (Biomedical Sciences Corps) on 17 May 2002, and at the time he was voluntarily ordered to extended active duty on 24 May 2002, he was awarded a current grade date of rank as a captain of 14 June 2002.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-02979 in Executive Session on 29 October 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 15 Sep 03, w/atchs.
   Exhibit B.  Letter, AFPC/DPAMM, dated 15 Sep 03.
   Exhibit C.  Letter, SAF/MRBR, dated 26 Sep 03.
   Exhibit D.  Letter, Applicant, dated 22 Oct 03.

                                   

AFBCMR BC-2003-02979

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 he was awarded one additional year of constructive service credit and was appointed a captain, Reserve of the Air Force (Biomedical Sciences Corps) on 17 May 2002, and at the time he was voluntarily ordered to extended active duty on 24 May 2002, he was awarded a current grade date of rank as a captain of 14 June 2002.