RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01434 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: Her entry/commissioning grade be changed to Captain (Capt/O-3) rather than First Lieutenant (1Lt/02). APPLICANT CONTENDS THAT: She was commissioned/appointed as a captain; however, because of a change in the Constructive Service Credit (CSC) policies, she was placed on active duty in the grade of first lieutenant. At no time was she notified of a change in the rules that capped CSC at 3 years of service; nor did she sign any paperwork that her rank would be changed from 03 to 02. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 22 Nov 13, the applicant was commissioned as a first lieutenant in the Nurse Corps as a Reserve of the Air Force. On 12 Jan 14, the applicant was placed on EAD in the Regular Air Force to attend the Commissioned Officer Training (COT) course. On 17 Dec 14, the applicant was promoted to the grade of captain. AIR FORCE EVALUATION: AFRS/RSO recommends approval for the Air Force to issue back pay and rank credit to the grade of captain. AFRS indicates there initial grade credit and estimate for pay computations were correct and based on FY13 CSC (maximum 4 years/in the grade of captain) policy. AFRS was unaware that once the current FY CSC letter expired, the governing AFI would change to FY14 CSC (maximum 3 years/in the grade of first lieutenant) policy. AFRS were operating under the assumption that everyone affected would be grandfathered and allowed to be commissioned under the rank initially validated and promised. AFRS has implemented measures to prevent similar future issues. AFRS personnel continued the commissioning program with the expectation a new memo for FY14 would be disseminated without any changes in entry grade eligibility; however on 19 Nov 13, it was confirmed this was not the case and all applicants commissioned after 30 Sep 13 were subject to a reduced entry grade. The first email/notification was sent out to the field on 11 Dec 13 and then again on 20 Dec 13 and 23 Jan 14. Unfortunately, the changes included in the FY14 CSC policy letter were not disseminated to field recruiters in a timely manner and many applicants were affected by this change. Upon completing her commissioning ceremony on 25 Nov 13, AFRS officials sent the applicant official commissioning documents to the Air Force Personnel Center (AFPC) for final approval. It was during the AFPC review that it was determined her estimated grade of Captain did not meet the most updated guidance. The applicant was informed by recruiting service personnel of the grade decrease prior to entering active duty. Furthermore, she was given the option to enter at the rank of 1Lt or decline her commission in the Air Force. On or about 7 Jan 14, she opted to complete the new commissioning documents indicating her agreement to enter the Air Force as a 1Lt. The complete RSO evaluation is at Exhibit C. AFPC/DPAN recommends denial based on the FY14 CSC policies in effect at the time the applicant was accessed on active duty. The Secretary of Defense (SECDEF) approved the applicant’s Capt/Reserve appointment (19 Mar 13) and Capt/Regular appointment (25 Mar 13). However, applicant only earned enough service credit under the FY 14 CSC policy for Reserve/Regular First Lieutenant. CSC is computed in accordance with Air Force Instruction (AFI) 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Commission Grade and Designation and Assignment in Professional Assignment categories – Reserve of the Air force and United States Air Force, which implements the requirements laid out in Department of Defense Instruction (DODI) 6000.13 and prescribed by 10 USC 12207. Service credit is used to determine an officer's grade for commissioning and entry to active duty based on successful completion of education, training and professional experience. Entry grade credit (not CSC) is also earned as stated in AFI 36- 2008, Voluntary Extended Active Duty (EAD) for Air Force Reserve commissioned Officers. Civilian applicants (not currently holding status in the Air Force Reserve) being accessed to active duty as a medical officer are commissioned in the Reserve of the Air Force under AFI 36-2005, and then accessed to active duty (Regular) under AFI 36-2008. In Nov 13, AFRS initially negotiated the applicant's commission/entry to active duty grade based on the FY13 CSC policy memo as stated in their response. The FY13 CSC policy authorized the applicant to receive up to 4 years of CSC for professional experience allowing her to commission as a Captain (AFI3 6-2005, Table 2.1) and access to EAD as a Captain (AFI 36- 2008, Table 1). In Dec 13, AFPC Medical Officer Accessions verified the applicant was not holding status as a commissioned officer; therefore, service credit was calculated to determine her commissioning/enter to active duty grade according to DoDI 6000.13, AFI 36-2005 and AFI 36-2008. AFI 36-2005, Rule 41 authorizes a maximum of 3 years professional experience credit. Once the max credit (3 years) under rule 41 has been awarded, Rule 42 authorizes additional professional experience credit based on the appropriate FY CSC policy. The FY13 CSC policy authorized 12-months additional professional experience credit (max of 4 years credit); the FY14 CSC policy authorized no additional credit (max of 3 years credit as listed in rule 41). The FYI4 CSC policy applies to her case because she accessed to active duty in Jan 14. She also received 25 days entry grade credit in accordance with AFI 36-2008, paragraph 11. The FY14 CSC policy authorized her to earn 3 years and 25 days credit; however, the FYI3 CSC policy would have authorized her to earn 4 years and 25 days credit if accessed in FY13 instead of FY14. The complete DPAN 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 6 Feb 15 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPAN indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that she should have entered active duty at the grade of captain rather than first lieutenant, we agree with the opinion and recommendation of the Air Force Recruiting Service and adopt its rationale 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: On 22 November 2013, she was appointed in the grade of Captain (O-3), Reserve of the Air Force, as an exception to the Constructive Service Credit (CSC) policy as permitted by DODI 6000.13, paragraph 6.1.2.2.6. On 12 January 2014, she commenced a period of extended active duty (EAD) in said grade. The following members of the Board considered AFBCMR Docket Number BC-2014-01434 in Executive Session on 14 Apr 15 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 2 Apr 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFRS/RSO, dated 15 Jun 14. Exhibit D. Letter, AFPC/DPAN, dated 15 Dec 14, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 6 Feb 15.