RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00964
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her appointment in the Regular Air Force be in the grade of captain (O-3), instead of second lieutenant (O-1).  

APPLICANT CONTENDS THAT:

She has the required credentials to have entered active duty in the grade of captain.  However, the scroll was not approved in time and she signed the Statement of Understanding (SOU) in which she acknowledged and consented to accept an Air Force Reserve appointment in the grade of second lieutenant (O-1) and enter active duty in this grade with the potential her appointment in the Regular Air Force would be in the grade of captain (O-3).  

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force serving in the grade of captain with a date of rank of 5 October 2017 in Air Force Specialty Code 46N3, Clinical Nurse.    

Per 10 U.S.C. § 533, officers may receive Constructive Service Credit (CSC) for experience as a medical professional in regards to initial grade and date of rank (DOR).  

Applicant’s AF Form 133, Oath of Office (Military Personnel), reflects she was commissioned as a second lieutenant in the Reserve of the Air Force on 14 September 2015. 

The applicant provides a copy of her SOU for Extended Active Duty for USAF Health Professions dated 14 September 2015, in which she acknowledged that upon completion of the potential Regular appointment, she would be transferred to the active duty list in the grade of captain.  She indicated she understood she would receive no retroactive compensation for the time between entering active duty as a Reserve second lieutenant and receiving an Air Force Regular appointment in the grade of captain. 

The applicant’s AF IMT 766, Extended Active Duty Order, Special Order AH-1180, dated 30 September 2015, shows she was ordered to active duty on 30 September 2015 in the grade of second lieutenant.   

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

AIR FORCE EVALUATION:

AFRS/RSO recommends the Air Force promote the applicant to the grade of captain and provide her back pay.  In August 2014, AFRS began discussions with the applicant regarding her interest in joining the Air Force as a nurse.  The recruiter at the time read the CSC instruction but mistakenly told the applicant she would come in the Air Force in the grade of second lieutenant.  As a result, she was submitted for scroll approval in the grade of second lieutenant on 8 October 2014.

Upon reviewing her qualifications, the recruiter and flight chief noticed the error and submitted her for scroll with the correct grade of captain.  The corrected scroll was submitted on 12 August 2015 which was less than the allotted time required.  The scroll was not back in time for her to report for Commissioned Officer Training (COT) so she entered the Air Force in the grade of second lieutenant with a SOU that she would get promoted to the grade of captain upon approval of her new scroll.  Since her CSC was miscalculated through no fault of her own and because she qualified for the grade of captain at the time she entered the Air Force, AFRS recommends approval.   
 
A complete copy of the AFRS/RSO evaluation is at Exhibit C.

AFPC/DP2N recommends approval to change her appointment and entry onto active duty to reflect in the grade of captain once the Secretary of Defense (SecDEF) approves a ratification scroll authorizing her grade to be changed to captain per DODI 6000.13, Accession and Retention Policies, Programs and Incentives for Military Health Professions Officers, AFI 36-2005, Appointment in the Commissioned Grades and Designation and Assignments in Professional Categories, and AFI 36-2008, Voluntary Extended Active Duty (EAD) for Air Force Reserve Commissioned Officers, which authorizes the applicant to receive appropriate amount of CSC to be appointed and accessed in the grade of captain.  AFPC/DP2N concurs with the applicant she should have been appointed in the Reserve of the Air Force in the grade of captain and entered onto active duty in the same grade.  However, the Regular captain appointment was approved by the SecDef after the applicant was on active duty; therefore she appointed into the Reserves and entered onto active duty in the grade of second lieutenant.

In January 2015, the SecDef approved the applicant for a Reserve Appointment in the grade of second lieutenant.  In September 2015, she was commissioned as a second lieutenant in the Reserve of the Air Force, Nurse Corps category.  In September 2015, she signed a SOU accepting the appointment in the grade of second lieutenant and that she was prepared to enter active duty in that grade.  She had the opportunity to decline to enter active duty in the grade of second lieutenant and apply for separation from the Reserves through AFPC.  However, under these circumstances, DP2N is in favor of granting the applicant approval for appointment and entry onto active duty in the grade of captain.  Should the Board grant the applicant’s request, the applicant’s name would need to be submitted on a ratification appointment list for the grade of captain and approved by SecDef.

Per 10 U.S.C. § 12203(a), Original Reserve appointments in the grades of second lieutenant to lieutenant colonel (O-5), shall be made by the President alone, Executive Order 13358, dated 28 September 2004, assigns the President’s constitutional authority to appoint Reserve officers to the SecDef and specifically prohibits the SecDef from reassigning the Reserve officer appointment authority.   For original Regular appointments in the grades of second lieutenant to captain, shall be made by the President alone.  Although she received enough credit to appoint and enter onto active duty in the grade of captain, she was not authorized to because she was not approved by the SecDef for appointment nomination in the grade of captain.  The applicant’s name would need to be submitted on a ratification appointment list for captain and approved by the SecDef. 

A complete copy of the AFPC/DP2N evaluation is at Exhibit D.

AFRS/RSOC recommends approval. Her Regular Air Force scroll has been approved, with an update to her personnel record reflecting the correction.  The applicant had the requisite CSC for the grade of captain at the time of her original commissioning.  Since the applicant’s Reserve scroll in the grade of second lieutenant was approved, she chose to enter in the grade of second lieutenant and submit an AFBCMR at a later time.  

A complete of the AFRS/RSOC evaluation is at Exhibit E.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 23 May 2017 for review and comment within 30 days (Exhibit F).  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.  We note the Air Force offices of primary responsibilities (OPR) indicate a ratification scroll for approval by the Secretary of Defense would be processed to correct the applicant’s records should the Board grant relief.  However, we note the service dates of officers similarly situated have been corrected through an adjustment of their promotion dates and recommend the applicant’s records also be corrected in this manner.  Aside from the method of correction of the applicant’s records, we agree with the opinions and recommendations of the OPRs and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, 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 show that she was promoted to the grade of captain (O-3) with a date of rank established as 24 September 2014, with an effective date of rank of 4 October 2015.  

The following members of the Board considered AFBCMR Docket Number BC-2016-00964 in Executive Session on 1 June 2017 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-2016-00964 was considered:

	Exhibit A.  DD Form 149, dated 7 March 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRS/RSO, dated 17 August 2016.
	Exhibit D.  Memorandum, AFPC/DP2N, dated 1 December 2016.
	Exhibit E.  Memorandum, AFRS/RSOC, dated 29 September 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.