RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02589 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1.  His rank be changed to major (Administratively corrected per Special Order JB-020, dated 25 Jul 14.) 2.  His date of rank (DOR) to major match the date of his entry onto active duty (EAD) of 12 Jul 13 (Administratively corrected to 17 Apr 13 per Special Order JB-020, dated 25 Jul 14.) 3.  His effective DOR to major match his (EAD) date of 12 Jul 13. (Administratively corrected to 12 Feb 14 per Special Selection Board results). 4.  In the alternative, if his DOR and effective DOR cannot be changed to 12 Jul 13, his DOR and effective DOR be set in May 14 (Administratively corrected to 12 Feb 14 per Special Selection Board results). APPLICANT CONTENDS THAT: He should have been accessed onto active duty in the grade of major rather than captain. His two years and one month of prior service time was not properly considered when establishing his initial grade and DOR. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 29 May 02 after graduating from the United States Air Force Academy. On 19 Jul 04, the applicant was furnished an honorable discharge to attend the Armed Forces Health Professions Scholarship Program. Under Special Order AH-0978, dated 25 Jun 13, the applicant entered EAD on 12 Jul 13 as Reserve Captain (Medical Corps). Under Special Order JB2-020, dated 25 Jul 14, the applicant was appointed to the grade of major with a DOR of 17 Apr 13, effective 23 Jul 14. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATIONS: AFPC/DPAN recommends denial indicating there is no evidence of an injustice. An officer is nominated for a regular appointment under Title 10 United States Code § 531, and an officer cannot be appointed until the President and Senate approved the grade nomination. In Jun 13, the applicant’s constructive service credit was calculated and he earned enough credit to be commissioned and accessed onto extended active duty in the grade of major. However, an administrative oversight occurred when processing his EAD orders and his orders reflected the grade of captain instead of major. In Jul 13, he entered active duty as a captain. In Apr 14, AFPC became aware of the error, and immediately submitted the information for his appointment to the grade of major. In Jul 14, the President/Senate confirmed his appointment to the grade of major effective the date the nomination was approved, and new orders were published appointing him to the grade of major with a DOR of 17 Apr 13 and an effective DOR of 13 Jul 14. Therefore, even though he earned sufficient credit to access onto active duty as a major, he cannot be appointed to that grade prior to Presidential/Senatorial approval. A complete copy of the AFPC/DPAN evaluation, with attachments, is at Exhibit C. AFPC/DPSOO does not make a recommendation, but explains how the error associated with his accession has been mitigated. The applicant entered active duty on 12 Jul 13 with a DOR of 17 Apr 07 (sic). Based on his DOR, he would have been eligible to meet the CY13A Major Medical Corps (MC) Central Selection Board (CSB) which convened on 16 Sep 13. However, because his service dates had not been verified he did not meet said board. Once verified, this office would have directed a Special Selection Board (SSB), and if the applicant was selected for promotion his DOR and effective DOR would have been 12 Feb 14, the date the Senate confirmed the CY13A Major MC CSB. An SSB was not directed because the appointment scroll to major was already started. Once the applicant’s service dates were verified it was determined he should have been accessed as a major with a DOR of 17 Apr 13. The Officer Promotions Branch directed the applicant to meet an SSB for the CY13A Major MC CSB. The SSB convened on 15 Sep 14. The applicant now has a DOR to major of 17 Apr 13 with an effective DOR of 12 Feb 14, thus allowing the applicant to receive back-pay from 12 Feb 14 through 23 Jul 14. Based upon the applicant’s new DOR to major of 17 Apr 13, he will be in the primary zone (IPZ) for promotion to lieutenant colonel in 2017, the same Lt Col promotion board he would have met had he been accessed properly. A complete copy of the AFPC/DPSOO evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 11 Jun 15, for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: AFPC/JA recommends granting the applicant’s request, indicating there is evidence of an error or injustice. AFPC/JA indicates the applicant is similarly situated to the applicant in a prior AFBCMR case (BC-2014-02819), and cites the APFC/JA recommendation and resulting AFBCMR decision in case BC-2014-02819 as also applying to this applicant. A complete copy of the AFPC/JA evaluation is at Exhibit F. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In further support for his request, the applicant submitted an e-mail indicating he concurred with the recommendation of AFPC/JA. (Exhibit H) 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. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response to the advisory opinion, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSOO indicating relief should be denied due to the limitations of the authority of the Secretary of the Air Force to change effective dates of rank, the Board concurs with the opinion and recommendation of AFPC/JA that since the applicant’s promotion to the grade of major has been formally confirmed, the Secretary of the Air Force does have the authority to adjust the applicant’s effective DOR to the date it would have been had no error occurred. Therefore, because the applicants’ effective DOR to major should be the date he entered extended active duty as determined by his constructive service credit, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to change his effective date of rank to the grade of major to 12 July 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-02589 in Executive Session on 11 Aug 15, 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 22 Jun 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPAN, dated 17 Dec 14, w/atchs. Exhibit D.  Memorandum, AFPC/DPSOO, dated 8 Apr 15. Exhibit E.  Letter, SAF/MRBR, dated 11 Jun 15. Exhibit F.  AFPC/JA, E-mail, dated 6 Aug 15, w/atch. Exhibit G.  E-mail, SAF/MRBC, dated 29 Oct 15. Exhibit H.  E-mail, Applicant, dated 5 Nov 15.