RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02654

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Date of Rank (DOR) be adjusted from 3 Dec 13 to 3 Jun 12, due to appropriate service credit.

APPLICANT CONTENDS THAT:

He was originally commissioned as a Medical Service Corps Officer on 3 Dec 11, but on 6 Dec 13, he transferred into his current assignment as a Clinical Nurse.  At the time of this appointment, he worked in a full time capacity as a Registered Nurse (RN) in his civilian career for three years and six months. 

According to Air Force Instruction (AFI) 36-2005, Officer Accessions, Table 2.5, Section 41, service credit for this amount of work experience would equal six months for each year employed, with a maximum of three years experience considered.  As such, with his work as an RN, he should be eligible for 18 months service credit toward his appointment as a Clinical Nurse.

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

STATEMENT OF FACTS:

On 3 Dec 11, the applicant was commissioned in the Mississippi Air National Guard.

On 5 Dec 13, the applicant was promoted to First Lieutenant under Special Order AP-397, with a date of rank of 3 Dec 13 and effective date of 3 Dec 13.

On 13 Nov 15, the applicant was promoted to Captain under Special Order AB-39 MS, effective 3 Dec 15 or upon approval of Federal recognition.

The applicant is currently serving in the Mississippi Air National Guard.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1PO administratively corrected the applicant’s Date of Rank (DOR) to First Lieutenant to reflect 2 Mar 13, with an effective date of 6 Dec 13, which includes his commissioned time and 1/2 credit for the 1 year, 6 months, and 2 days work experience obtained prior to his commission in the Air National Guard.

The applicant contends, upon re-appointment as a Clinical Nurse on 6 Dec 13, he should have been credited with an additional 18 months service in accordance with AFI 36-2005, Table 2.5, Section 41.  However, the applicant’s civilian work experience as an RN began 1 year, 6 months, and 2 days prior to his initial appointment as a Medical Service Corps Officer on 3 Dec 11.

In accordance with AFI 36-2005, Table 2.3., Rule 6, “when a member accepts an appointment in a different competitive category, the DOR is computed by backdating the date of appointment by the amount of service credit in excess of the service credit that Table 2.1 requires to determine the appointment grade.”  Upon re-appointment as a Clinical Nurse on 6 Dec 13, the applicant should have received constructive credit for the period of civilian RN work experience from 1 Jun 10 through 3 Dec 11.  AFI 26-2005, Table 2.5., Note 1, states, “in computing service credit, count a period of time or qualification only once.”  After his initial commissioning on 3 Dec 11, the applicant was earning time-in-grade as a commissioned officer and cannot be given constructive credit for the same time period.

Administrative correction to his DOR for First Lieutenant will change the applicant’s DOR for Captain to 2 Mar 15; however, to complete this correction, the applicant’s Force Support Squadron must create an incident report for Air Reserve Personnel Center to conduct a verification audit of the applicant’s record, and possible consideration for the next Captain’s supplemental board.

A complete copy of the NGB/A1PO evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Mar 17 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 error or injustice.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The National Guard Bureau has reviewed this application and indicated they have corrected the applicant’s date of rank to first lieutenant to 2 March 2013 with an effective date of 6 December 2013, which includes his commission time and half credit for the 1 year, 6 months, and 2 days of work experience obtained before commissioning into the Air National Guard.  Due to this correction, the applicant’s DOR to captain should be corrected.  However to obtain this correction the applicant should contact his Force Support Squadron/Military Personnel Management Office.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.

The following members of the Board considered AFBCMR Docket Number BC-2016-02654 in Executive Session on 12 Sep 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02654 was considered:

	Exhibit A.  DD Form 149, dated 6 Feb 15, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PO, dated 28 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Mar 17, w/atch.

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