RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00705

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive Constructive Service Credit (CSC) for his education,  training and experience and his records be corrected to show he entered the Air Force in the grade of major (O-4) instead of in the grade of captain (O-3).  

APPLICANT CONTENDS THAT:

He should have been gained in the minimum grade of major with two additional years of CSC.  He would also like his recent two good years in the Air Force Reserve to be added for a minimum correction to the grade of major with four years CSC to be applied.  He is not requesting retroactive pay but only wants what he deserves per his achievements, awards and good service.

According to his entry credits reviewed by the accessions office, it was reported that he had over 13 years of entry credit and only 11 years is required for entry in the grade of major.  He completed radiology residency with an individual who was only one year ahead of him.  She is now serving in the grade of lieutenant colonel (O-5).  She did not complete an additional year of surgical sub-specialty fellowship training that he did.  It is an insult that he has to wait seven years to compete for promotion to the grade of major when his co-resident who did not train as long as he did will be considered for promotion to the grade of colonel (O-6).  This is a huge discrepancy and is insulting to his achievements and activities.  Additionally, there are two other Air Force Reserve members recently gained who graduated medical school in four years and are in the grade of captain, like him, who will be up for promotion before he is.  The accessions office agrees with him and suggested he submit an application to the Board.  He is a double board certified interventional radiologist and should not be capped or discriminated against.  

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of captain.

The applicant signed AF IMT 24, Application for Appointment as Reserve of the Air Force or USAF Without Component, on         8 November 2012.  

ARPC IMT 92, Appointment Order, Reserve Order PA 00416, dated   4 April 2013, reflects the applicant was appointed in the Ready Reserve on 1 April 2013 in the grade of captain with a Date of Rank (DOR) of 17 November 2010. 

AF IMT 973, Request and Authorization for Change of Administrative Orders, Special Order PA-00076, dated 4 December 2015, corrected the applicant’s DOR from 17 November 2010 to    18 October 2006.  As a result of the DOR correction, on 25 April 2015 the applicant was considered for promotion to the grade of major by the Special Selection Board (SSB) for the CY15 USAFR Participating Major Selection Board, Medical Corps, which was originally convened on 2 February 2015.  The results of the SSB have not been announced as of this date.    

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and E.    

AIR FORCE EVALUATION:

AFRC/A1K recommends denial indicating there is no evidence of an error or an injustice.  The Office of the Secretary of Defense (OSD) approved the commissioning of the applicant in the grade of captain based on the AF IMT 24, Application for Appointment as Reserve of the Air Force or USAF Without Component, submitted and validated by the applicant.  

A1K verified the applicant’s Medical Internship from the University of Pennsylvania; however, it was not included on his AF IMT 24; a document the applicant validated by signing.  In accordance with AFI 36-2005, Appointment in Commissioned Grade and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, Chapter  2, paragraph 2.18.6., without specific congressional direction, appointing authorities cannot apply CSC or service credit entitlements (grandfathering) retroactively and a member cannot terminate his or her appointment and request reappointment in order to take advantage of changes to CSC or service credit rules.  Also, within the timeline, the eight months he spent at Pennsylvania State University does not count towards his CSC due to receiving the maximum amount of credit for his Medicine of Doctor (MD) degree. 

A1K also notes, AFI 36-2005, Chapter 2, Table 2.4, Rule 1 states if the individual has successfully completed a Doctor of Medicine (MD), Doctor of Osteopathy (DO), Doctor of Dental Surgery (DDS) or Doctor of Dental Medicine (DMD) degree, then the amount of service credit awarded is four years.  The ARPC Accessions office did find a discrepancy concerning the applicant’s DOR which was turned over to the Officer Promotions Section at ARPC for review and correction, if applicable.

A complete copy of the AFRC/A1K evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The ARPC accessions office has verified that both his medical internship from the University of Pennsylvania from June 2004 to June 2005 (one year) and his doctorate of genetics from October 1999 to May 2000 (eight months) were completed.  However, it was not included on his AF IMT 24 that was re-written and submitted by his recruiter without his final approval.  The actual AF IMT 24 is not the form he initially signed and submitted.  The recruiter advised that some of the information submitted was illegible and that he would re-type the AF IMT 24 for submission and asked that he pre-sign a blank AF IMT 24.  He agreed and trusted that everything would be submitted as he had written.  His information was obviously not transcribed properly.  He would not have signed the form allowing the Air Force to remove his one year and eight months of CSC on appointment.  

He agrees with the advisory opinion which quotes AFI 36-2005, Table 2.4, Rule 1 which states if the individual has successfully completed a MD degree, then the amount of CSC awarded is four years.  However, the CSC awarded is accounting for the undergraduate bachelor’s degree and medical school work performed.  Rule 1 is correctly maxed out at four years.  However his doctorate in genetics is from graduate school and AFI 36-2005, Table 2.4, Rule 5, Table 2.7, states to award one year for each school year for a masters/doctorate.  This is in addition to the four years credited from Rule 1.  Therefore, his successful completion of eight months should be added.  An appointment in the grade of major requires 11 years per AFI 36-2005, Table 2.1 and he was improperly in-processed with service credit of 10 years, five months and 13 days which incorrectly placed him short only seven months from appointment in the grade of major.  Even if his PhD is overlooked, he still has well over 11 years once his internship is added.  He also has over two good years in the Air Force Reserve logged and was told to wait an additional four years before consideration for promotion to the grade of major.  He requests the Board correct this oversight.

The applicant’s complete submission is at Exhibit E.   

ADDITIONAL AIR FORCE EVALUATION:

ARPC stands by the initial recommendation of AFRC/A1K to deny the applicant’s requests.  The applicant contends the AF IMT   24 that was signed by him was submitted by his recruiter without his final approval.  He states that because his AF IMT 24 was not legible, he was asked to pre-sign the form and the recruiter’s office transcribed everything the applicant wrote on his original AF IMT 24 and that the information was not transcribed properly.  The AF IMT 24 was signed by the applicant and submitted.

A complete copy of the ARPC additional evaluation is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:  

A copy of the additional Air Force evaluation was forwarded to the applicant on 14 April 2016 for review and comment within   30 days (Exhibit G).  As of this date, no response has been received by this office.  

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 an error or injustice.  We took notice of the applicant’s complete submission, to include his rebuttal response, in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, aside from the administrative correction of the applicant’s DOR and SSB consideration for promotion to the grade of major, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-00705 in Executive Session on 7 January and     17 May 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 February 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 23 November 2015.
	Exhibit D.  Letter, AFBCMR, dated 1 December 2015.
	Exhibit E.  Letter, Applicant, dated 18 December 2015.
	Exhibit F.  Memorandum, ARPC, dated 30 March 2016.
	Exhibit G.  Letter, AFBCMR, dated 14 April 2016.