RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-04885
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive Constructive Service Credit (CSC) for his prior active duty service, completion of his juris doctorate degree and for the time period between taking the oath of office and entry on active duty.  

His AF Form 133, Oath of Office, dated 20 Sep 16 be amended to reflect his appointment was in the grade of captain with prior active duty service (O-3E), instead of first lieutenant (O-2). 

His AF IMT 766, Extended Active Duty Order, Special Order AK-0176, dated 14 Sep 16 be amended to reflect he was accessed in the grade of captain, with prior enlisted service. 

APPLICANT CONTENDS THAT:

He was not appointed in the Air Force Judge Advocate General (JAG) Corps in the correct grade as his appointment did not account for his CSC which he was eligible to receive.  

AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories-Reserve of the Air Force and United States Air Force, supports a finding that he should have been accessed into the JAG Corps as a captain.  His records should be corrected to reflect his appointment as a captain, effective 1 Nov 16 with time in grade of 1 year, 3 months and 15 days.  AFPC has verified his service dates.  His CSC should equal 5 years, 3 months and 15 days

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 (DOR) and effective date of 29 Mar 17.  

He completed a prior period of active duty service in the United States Marine Corps from 15 Jun 98 to 14 Jun 02.  He was honorably discharged in the grade of sergeant (E-5) and was credited with 4 years of active duty service.

The applicant completed a subsequent period of active duty service in the Regular Air Force from 14 Mar 08 to 17 Jun 08 for completion of officer training school (OTS) for commissioning in the Regular Air Force.   

On 18 Jun 08, he entered another period of active duty service in the Regular Air Force and was honorably discharged on 1 Sep 10.  He was credited with 2 years, 2 months and 14 days of active duty service.  

The applicant provides a certificate issued by the State of Oklahoma which shows he was admitted to the practice of law by the Supreme Court of Oklahoma on 20 Sep 16.  

AF Form 133, Oath of Office (Military Personnel), dated 20 Sep 16 shows he was appointed in the Reserve of the Air Force, JAG Corps, in the grade of first lieutenant.  

AF IMT 766, Extended Active Duty Order, Special Order AK-0176 dated 14 Sep 16, shows he was placed on active duty with a duty effective date on or after 1 Nov 16 in the grade of first 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 and D.

AIR FORCE EVALUATION:

USAF/JAX recommends approval.  AF/JAX inadvertently scrolled the applicant onto active duty prior to a final verification of his service dates by AFPC.  As a result, he was not properly credited for his prior commissioned service, for obtaining his juris doctorate degree and for the time period between taking the oath of office for entry on active duty.  However, JAX is not the subject matter expert for final calculations and offer the aforementioned background and EAD orders for reference to reviewing authorities.  
 
A complete copy of the USAF/JAX evaluation, with attachment, is at Exhibit C.

AFPC/DP2LT recommends approval for a corrected appointment in the grade of captain with DOR of 26 Jul 15 and an effective date of 1 Nov 16.   

In accordance with AFI 36-2004, Inter-service Transfer of Officers to the Air Force and Air Force Reserve, the nomination authority determines a selectee’s grade based on the amount of CSC awarded.   The commissioning source submits the nominee for original appointment and determines the grade.  Based on the determination by the commissioning source, the applicant commissioned as a Reserve of the Air Force first lieutenant in the JAG Corps on 20 Sep 16 and entered extended active duty in the same grade on 1 Nov 16.

On 8 Dec 16, the AFPC Service Dates Verification Office used the CSC worksheet provided by the accession source to compute the applicant’s DOR.  During the verification of the service dates, it was determined he was not scrolled in the grade of captain by the accession source.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 Dec 17 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force offices of primary responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice.  With respect to the applicant’s request that his grade of captain reflect his prior enlisted service, we note the designation “O-3E” is intended for pay purposes rather than as an official title.  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 he was promoted to the grade of captain with a date of rank (DOR) established as 26 Jul 15, and with an effective date of rank of 1 Nov 16.  

The following members of the Board considered AFBCMR Docket Number BC-2016-04885 in Executive Session on 24 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 Dec 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records.
	Exhibit C.  Memorandum, USAF/JAX, dated 26 Oct 17, w/atch.      
	Exhibit D.  Memorandum, AFPC/DP2LT, dated 15 Nov 17, 
		       w/atch.                  
	Exhibit E.  Letter, SAF/MRBC, dated 21 Dec 17.

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.