RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02528
		INDEX NUMBER:  135.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His rank be restored to the grade of captain (0-3).

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APPLICANT CONTENDS THAT:

His recruiter verbally advised him he had been accepted into the Air Force Medical Service Corps and would retain the grade of 0-3, which he had held in the US Navy.

He signed the AETC Form 1431, “Medical Service Grade and Pay Computation Worksheet (Estimated)” on 7 May 2003.  The form stated in item 12, Remarks, that he held status as an 0-3 in the US Navy and would be ordered to active duty in that grade.  Computation of pay credit was not required.

He was appointed a captain with the Air Force Medical Service Corps on 15 Jan 04.  He was notified sometime between 20 and     23 Jan 04 his active duty orders were on hold because of a mistake made in his service grade and pay computation and that based on the new computations he would be reduced to the grade of 0-2.

Although there was an error in the computation of his constructive service credit, he had already been commissioned as an 0-3.  He also made his commitment to the Air Force based on the fact he would keep his grade from his Naval service.  He separated from the Navy before the Air Force notified him he would not retain his grade of 0-3.  The error on the part of the Air Force prevented him from making an informed and conscious decision such as remaining with the Navy or pursuing other options.

The loss of grade has resulted in a loss of pay and caused a hardship to he and his family.  

He never signed the documents showing he would be commissioned in the grade of first lieutenant and the documents show he was commissioned as a first lieutenant on the same day he was commissioned as a captain.  He was not advised of the error in his grade until after 15 Jan 04, so it would not have been possible for him to be commissioned as a first lieutenant on    15 Jan 04.

In support of his appeal, applicant provides copies of the documents associated with his transfer from the Navy to the Air Force.

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

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of first lieutenant (0-2).  The applicant served in the US Navy from 2 Oct 97 to 17 Jun 99 as an enlisted member.  He was commissioned as an officer in 1999 and served as an officer from 18 Jun 99 to 14 Jan 04, achieving the grade of 0-3.  In the Navy the applicant’s primary specialties were supply logistics officer, staff supply officer, and material division officer.  In Feb 03, the applicant applied for release from the US Navy to be appointed an officer in the Air Force.  His release was approved and he was subsequently accepted into the Air Force Medical Service Corps.  Based on the AF Form 133, “Oath of Office,” furnished by the applicant, he was appointed a captain (0-3) in the Medical Service Corps on 15 Jan 04.  The applicant also provided another copy of the AF Form 133 he claims he never signed showing his appointment as a first lieutenant (0-2) on   15 Jan 04.

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AIR FORCE EVALUATION:

AFPC/DPAMF2 recommends denial of the applicant’s request.  The applicant states that he received the AETC Form 1431, “Medical Service Grade and Pay Computation Worksheet (Estimated)” on     18 Nov 03, which stated he had 6 years, 10 months, and 16 days of basic pay credit and would be appointed in the grade of 0-3 (captain) with estimated monthly pay and allowance of $5,469.33.  In Jan 04, he states he was notified there was a mistake on his pay and grade computation indicated on the AETC Form 1431 and he would actually be appointed in the grade of 0-2 (first lieutenant).  However, the AETC Form 1431 reads in item 13, “Signature on this form does not constitute a contract.  This form only serves as an estimate for grade, pay and allowances for applicant.  Final computations, which may differ, are performed by Headquarters AFPC….”  When AFPC/DPAMF2 computed the applicant’s constructive service credit, it came out to 3 years, 3 months, and 14 days with an entry grade of 0-2.

Although the recruiters are responsible for the errors made, the applicant was never entitled to the grade of 0-3.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, applicant indicates he believes some of the more pertinent points in his original application were disregarded.  He provides another copy of the statements he submitted with the areas he feels were overlooked highlighted.  Applicant states, contrary to AFPC/DPAMF2’s assertion, there was a contractual agreement created when he was commissioned [sic] as a captain on 15 Jan 04 and not given an opportunity to make a conscious decision to stay in the US Navy as an 0-3.  The applicant questions why his constructive service credit wasn’t computed and presented to him before he separated from the Navy on 14 Jan 04 and commissioned as a captain on     15 Jan 04.  He also opines that the oath of office he took, dated 15 Jan 04, was a legally binding contract, which trumps all other contracts or estimates.  Applicant further points out there are documents showing he was appointed as a captain on 15 Jan 04 and as a first lieutenant on 15 Jan 04, although the documents showing his appointment as an 0-2 were falsified.  He questions how this is possible.

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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the complete evidence of record, we believe errors were made that constitute an injustice to the applicant.  While we note the AETC Form 1431 signed by the applicant clearly states in block 13 it is not a contract and only “an estimate for grade, pay, and allowances,” we are concerned the Air Force representative placed a statement in block 12, “Remarks,” that computation of pay credit would not be required.  We find it reasonable the applicant may have believed this statement counteracted the statement in block 13.  More disturbing, however, is that notification to the applicant he would not be appointed a captain (0-3) in the Air Force was made after he was appointed.  While we cannot verify the applicant would have turned down an appointment in the Air Force if he had known in advance he would only be appointed in the grade of first lieutenant (0-2), we believe the actions to deny him an opportunity to make a conscious decision constituted both an error and injustice.  Further, it appears the errant actions of the Air Force were compounded by actions to amend, without the applicant’s knowledge, the form appointing him a captain (0-3) to reflect his appointment as a first lieutenant.  Based on the total circumstances of this case, we believe in the interest of equity and justice, the applicant’s records should 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 on 15 January 2004 he was appointed a captain (O-3), Reserve of the Air Force, Medical Service Corps, vice first lieutenant (O-2).

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The following members of the Board considered Docket Number BC-2004-02528 in Executive Session on 19 October 2004, 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 11 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAMF2, dated 31 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Sep 04.
     Exhibit E.  Memorandum, Applicant, dated 20 Sep 04, w/atchs.

AFBCMR BC-2004-02528

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 XXXXXXX, XXXXXXX, be corrected to show that on 15 January 2004 he was appointed a captain (O-3), Reserve of the Air Force, Medical Service Corps, vice first lieutenant (O-2).