RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-03830
		
							COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her commissioning grade be changed from first lieutenant (O-2) to captain (O-3), and she receive all back pay and allowances from the date she was commissioned.

APPLICANT CONTENDS THAT:

At the time of her initial entry into the Air Force, she should have been accessed in the grade of captain; however, due to an error in calculating her constructive service credit she was accessed in the grade of first lieutenant.

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

STATEMENT OF FACTS:

On 24 April 2015, the applicant was appointed to the grade of first lieutenant in the Reserve of the Air Force via Reserve Order D-0328 dated 7 May 2015. 

Effective 26 May 2015, the applicant was ordered to active duty in the grade of first lieutenant via Special Order AH-0609, dated 7 May 2015.

According to DPAM Form 60, Constructive Service Computation, dated 29 July 2015, the applicant was credited with 2 years, 2 months, and 16 days of professional experience as a Social Worker, which allowed her to commission in the grade of captain.

According to AFPC Form 282, Date of Rank Computation, dated 2 September 2015, the applicant’s date or rank to the grade of first lieutenant was 24 February 2013.

Effective 11 January 2016, the applicant was promoted to the grade of captain with a date of rank and effective date of 11 January 2016, via Special Order JB-000281 dated 20 January 2016.

The Board has ruled in favor of at least one case with similar circumstances.  In this case (BC-2014-02819), an applicant requested his effective date of rank be changed arguing that at the time of his initial entry he should have been accessed in the grade of captain.  In the cited case, the OPR recommended denial due to the limitations on the Secretary of the Air Force’s authority to change effective dates of rank.  While it is true the Air Force does not have the authority to change an officer’s grade, AFPC/JA stated that since the Secretary of Defense had previously made a determination the applicant is to serve in the grade of captain, the Secretary of the Air Force now had the authority to adjust the effective date of rank.  The Board concurred with the AFPC/JA opinion and on 11 August 2015, granted the applicant’s request (Exhibits F and G).

On 19 October 2016, AFBCMR staff forwarded the applicant copies of AFBCMR Docket Number BC-2014-02819 and AFPC/JA opinion dated 26 June 2015 for review and comment within 30 days (Exhibit H).  The applicant responded and indicated she would like to continue the processing of her case (Exhibit I).

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPAN recommends approval.  The applicant was recruited into the Air Force as a Clinical Social Worker in the Biomedical Sciences Corps.  In May 2015, the Air Force Personnel Center (AFPC) received the applicant’s official commissioning documents from Air Force Recruiting Services for review, which reflected her professional experience (civilian employment) dates as 22 November 2010 to 8 August 2012 and 1 April 2013 to present.  In May 2015, AFPC medical accessions officials computed her constructive service credit and awarded 1 year, 10 months and 20 days for professional experience.  In July 2015, the applicant became aware that some of her professional experience time was not annotated on her accession documents and contacted AFPC medical accessions officials.  She informed them that her recruiter told her that she would be promoted to the grade of captain following her commission.  AFPC medical accessions staff informed the applicant that she did not have the appropriate amount of service credit to commission in the grade of captain and that they would not be able to retroactively change her grade because she had already entered active duty.  At this time, the applicant reported that some of her professional experience was missing from her commissioning documents.  She was informed since the additional professional experience was missing from the original application she would have to provide a memorandum from her employer.  In July 2015, her employer’s memorandum was received and her service credit was recalculated authorizing her to earn 2 years, 2 months and 16 days professional experience.  This additional credit would have allowed her to commission in the grade of captain.

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

AFPC/DP2LT states if relief is granted, the applicant’s date of rank to the grade of captain should be established as 24 February 2015, with an effective date that coincides with the approved scroll date for captain.  As stated by AFPC/DPAN, the applicant was appointed to the grade of first lieutenant in the Reserve of the Air Force on 24 April 2015.  She entered active duty on 26 May 2015, in the same grade.  Following her entry, Medical Accessions provided their office with a DPAN Form 60, dated 29 July 2015, which reflected her work experience as 2 years, 2 months, and 16 days; overall education and work experience as 4 years, 2 months, and 16 days.  Since the applicant was not scrolled for captain, her date of rank for first lieutenant was established as 24 February 2013, as reflected on the AFPC Form 282, Date of Rank Computation.

A complete copy of the AFPC/DP2LT evaluation, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 5 April 2016, for review and comment within 30 days (Exhibit E).  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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant relief.  The OPR concedes the applicant’s professional experience should have allowed her to commission in the grade of captain.  In a similar case, AFPC/JA recommended approval of changing the applicant’s effective date of rank stating since the Secretary of Defense had already made the determination the applicant was to serve in the higher grade of captain, the Secretary of the Air Force had the authority to adjust the applicant’s effective date of rank to the date it would have been had no error occurred.  In the present case, the applicant entered active duty in the grade of first lieutenant; however, she has since been promoted to the grade of captain.  In the previous case, the Board concurred with the AFPC/JA opinion and recommended correcting the applicant’s effective date of rank.  Nothing about this case is sufficiently different to disturb that precedent.  We note the applicant requests her commission grade be changed to captain.  However, we believe changing her effective date of rank to captain to coincide with her initial entry into the Air Force provides the applicant full and fitting relief.  For these reasons, the Board finds it is in the interest of justice to correct the applicant’s record.  Accordingly, we recommend the applicant’s 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 she was promoted to the grade of captain with a date of rank of 24 February 2015 and an effective date of pay and rank of 26 May 2015, rather than 11 January 2016.

The following members of the Board considered AFBCMR Docket Number BC-2015-03830 in Executive Session on 6 December 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03830 was considered:

Exhibit A.  DD Form 149, dated 1 September 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPAN, dated 10 December 2015.
Exhibit D.  Memorandum, AFPC/DP2LT, dated 11 March 2016, 
  w/atchs.
Exhibit E.  Letter, AFBCMR, dated 5 April 2016.
Exhibit F.  AFBCMR Docket Number BC-2014-02819.
Exhibit G.  Memorandum, AFPC/JA, dated 26 June 2015.
Exhibit H.  Email, AFBCMR, dated 19 October 2016.
Exhibit I.  Email, Applicant, dated 19 October 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter pertaining to AFBCMR Docket Number BC-2015-3830.