RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00793
		INDEX CODE:  102.08

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be amended to reflect a correction to his service dates, to include his Date of Rank, Pay Date, Active Duty Service Commitment Date (ADSCD), and Date Departed Last Duty Station (DDLDS).

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APPLICANT CONTENDS THAT:

It appears his military records did not contain his original swear in dates.  His original appointment date was 6 March 03, rather than 13 May 03, which was the date his rank changed to first lieutenant.

In support of his appeal, the applicant provided copies of documentation pertaining to his oath of office and commissioning information.

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

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STATEMENT OF FACTS:

An AF Form 133, Oath of Office (Military Personnel) indicates the applicant was appointed a second lieutenant, Reserve of the Air Force (Nurse Corps), on 6 Mar 03.

His available military personnel records indicate he was appointed a first lieutenant, Reserve of the Air Force (Nurse Corps), on 13 May 03 and was voluntarily ordered to extended active duty on 1 Jun 03.

Information extracted from the Personnel Data System (PDS) indicates the applicant is currently serving on active duty in the grade of first lieutenant, with a current grade date of rank (CGDOR) of 20 Jan 03.  He has a Pay date of 13 May 03, a Total Active Federal Military Service Date (TAFMSD) and a Total Active Federal Commission Service Date of 1 Jun 03, a DDLDS of 10 Sep 03, and an ADSCD of 26 Apr 07.

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AIR FORCE EVALUATION:

AFPC/DPAMF2 recommended denial noting the applicant originally signed an AF Form 133 on 6 Mar 03, reflecting he was appointed a second lieutenant in the Nurse Corps.  He signed another AF Form 133 on 13 May 03, reflecting he was appointed a first lieutenant in the Nurse Corps.  According to AFPC/DPAMF2, the applicant’s constructive service credit was computed based on the AF Form 133 dated 13 May 03.  Although the governing Air Force Instruction (AFI 36-2005) does not address a previous Oath of Office, the applicant’s constructive service credit was computed based on the Oath of Office that was received with the appointment package.  

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

AFPC/DPPAE recommended denial noting that after being appointed on 6 Mar 03, he was notified he was permanently disqualified by the Air Education and Training Command (AETC) Surgeon General’s (SG) office for certification.  At that point, his job reservation was cancelled.  The process was started to get documentation to disprove his disqualification; eventually, he was qualified by the SG and appointed again on 13 May 03 and entered on active duty on 1 Jun 03.  Therefore, the latter date of 13 May 04 is the valid commissioning date.

A complete copy of the AFPC/DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 28 May 04 for review and response.  As of this date, no response has been received by this office (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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPPAE and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence the applicant’s Reserve of the Air Force appointment on 13 May 03 as a first lieutenant was erroneous, we find no compelling basis to recommend granting the relief sought in this application.

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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 BC-2004-00793 in Executive Session on 29 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAMF2, dated 9 Apr 04.
    Exhibit D.  Letter, AFPC/DPPAE, dated 10 May 04.
    Exhibit E.  Letter, SAF/MRBR, dated 28 May 04.