RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02641

	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

Her date of rank (DOR) for the grade of first lieutenant (O-2) be corrected to reflect 10 Nov 15.  

APPLICANT CONTENDS THAT:

Her years of nursing experience totaled 5 years and 7 months, which qualified her to enter active duty as a first lieutenant.  However, she was appointed and entered active duty as a second lieutenant (O-1).  She was advised by her recruiter she would have to submit an application to the AFBCMR for correction of her grade.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a captain (O-3) in the Regular Air Force with DOR and effective date for promotion of 10 Jan 18.  

AFRS Form 1431, Estimated Medical Service Grade and Pay Computation Worksheet, dated 10 Nov 15, shows the applicant qualified for appointment as a first lieutenant.  

AF Form 133, Oath of Office, reflects the applicant was appointed in the Nurse Corps in the grade of second lieutenant on 10 Nov 15.  

The applicant’s grade history in the military personnel data system reflects her DOR for second lieutenant is 26 Feb 13, with effective date of 9 Jan 16.  Her DOR and effective date for promotion to first lieutenant is 10 Jan 16.   

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and D.

AIR FORCE EVALUATION:

AFRS recommends approval.  The applicant’s records should be updated to reflect she was commissioned as a first lieutenant effective 10 Nov 15.  She should receive grade credit (2 years, 10 months and 13 days) per AFI 36-2005, Officer Accessions, Table 10.5, Service Credit on Appointment or Designation as a BSC, MSC or NC Officer.  

The recruiter submitted the applicant’s scroll documents in Nov 15 containing correct grade credit but with the incorrect qualifying grade.  Her scroll as a second lieutenant was approved on 15 Jan 15 and she was commissioned as a second lieutenant on 10 Nov 15.  The complete advisory is at Exhibit C.

AFPC/DP2N recommends the applicant’s record be corrected to show she received sufficient amount of service credit to qualify her for appointment in the grade of first lieutenant with DOR 26 Feb 15 and she was ordered to extended active duty (EAD) in said grade on 9 Jan 16.   

The applicant received a total of 2 years, 10 months, 13 days of service credit, this amount of credit is sufficient amount of credit to commission and enter onto active duty in the grade of first lieutenant.  The oversight caused the applicant to enter active duty in the grade of second lieutenant, instead of as a first lieutenant.  The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 26 Apr 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  While the applicant requests and AFRS/RSOC recommends her records be corrected to show her grade of first lieutenant effective 10 Nov 15, the Board concurs with the rationale and recommendation of AFPC/DP2N that based on the applicant’s constructive service credit (CSC), she should have entered active duty in the grade of first lieutenant with DOR of 26 Feb 15 and an effective date of promotion of 9 Jan 16, which is when she entered active duty.  Since the applicant has subsequently been promoted to the grade of captain, we recommend the applicant’s grade history be corrected. Therefore, the Board recommends 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 she was promoted to the grade of first lieutenant with date of rank 26 Feb 15 and an effective date of promotion of 9 Jan 16, instead of DOR and effective date of 10 Jan 16.   

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02641 in Executive Session on 29 May 18:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFRS/RSOC, dated 28 Dec 17.
Exhibit D: Advisory opinion, AFPC/DPN2, w/atch, dated 6 Apr 18.   
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Apr 18. 

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.