RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02096 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to reflect that she was appointed in the grade of captain (O-3), instead of first lieutenant (O-2). APPLICANT CONTENDS THAT: It would be unjust for her rank to be changed. Her recruiter told her that her many years of experience would be applied toward the grade of captain and she was commissioned in said grade, only to have it later removed. Had she known she would be accessed in the grade of first lieutenant (O-2) she may have made other decisions. The error should have been corrected prior to her commissioning and arrival to her first duty station. This demotion is very embarrassing and has been damaging to her and her family’s morale. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 16 Oct 13, the applicant was conditionally selected for appointment in the grade of captain in the clinical nurse career field. On 13 Nov 13, the applicant was commissioned in the grade of captain (O-3) in the Reserve of the Air Force. On 12 Jan 14, the applicant commenced a period of extended active duty (EAD) and, according to her EAD orders, she was ordered to attend commissioned officer training (COT) during the period 14 Jan 14 through 14 Feb 14. On 5 Feb 14, the applicant’s appointment orders were amended to reflect that she was appointed in the grade of first lieutenant (O-2) instead of captain (O-3), with remarks that read: “Member only entitled to the amount of service credit to access to active duty (AD) in the grade of 1Lt (IAW AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, Table 2.5.”). On 21 Feb 14, the applicant arrived at her first duty station. On 12 Dec 14, the applicant was promoted to the grade of captain with an effective date of 12 Dec 14. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPANF defers recommendation to Air Force Recruiting Service (AFRS) as the applicant entered active duty via AFRS. A complete copy of the AFPC/DPANF evaluation is at Exhibit C. AFRS/RSO recommends approval, indicating there is evidence of an error or injustice. Based on the applicant’s four years of experience, she was assured that she would be commissioned in the grade of captain under the Fiscal Year (FY) 2013, Constructive Service Credit (CSC) policy letter. This policy letter was effective only during FY13 and expired on 30 Sep 13. AFRS personnel expected the new policy would be disseminated without any changes to entry rank eligibility; however, on 19 Nov 13, it was confirmed that all applicants commissioned after 30 Sep 13 were subject to a reduced entry rank. Unfortunately, field recruiters were not notified in a timely manner and many applicants were affected by this change. The applicant was informed of the rank decrease on 6 May 14, long after she had entered active duty. Unlike other individuals affected by the policy change, she was not given the option to enter at the grade of first lieutenant or decline her commission. In this case, the applicant should be issued back pay if applicable and/or grade credit to captain. A complete copy of the AFRS/RSO evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Jan 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. We took notice of the applicant’s complete submission in judging the merits of the case and we agree with the opinion and recommendation of AFRS/RSOC and adopt its rationale as the basis for our conclusion that corrective action is warranted. While we note that despite the fact the applicant was led to believe she would be accessed in the grade of captain, her appointment in the grade of first lieutenant was procedurally correct and consistent with the constructive service credit (CSC) policy prescribed in AFI 36-2005, which was the policy in effect at the time of the applicant’s accession once the FY13 CSC policy expired on 30 Sep 13; however, we believe a preponderance of the evidence indicates the applicant is the victim of an injustice. In this respect, we note that it is clear the applicant was led to believe that she was to be appointed in the higher grade and we find it reasonable to conclude that had she known that she was going to be appointed in the lower grade, she would not have pursued a commission with the Air Force. 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 the following: a. Competent authority approved her appointment in the grade of captain (O-3), Reserve of the Air Force, effective 13 November 2013, as an exception to the Constructive Service Credit (CSC) policy. b. 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-2014-02096 in Executive Session on 25 Feb 2015 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02096 was considered: Exhibit A. DD Form 149, dated 15 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPANF, dated 29 Aug 14. Exhibit D. Memorandum, AFRS/RSO, dated 5 Nov 14. Exhibit E. Letter, SAF/MRBR, dated 6 Jan 15.