RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02819 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His effective date of rank (DOR) to the grade of captain be changed from 12 Sep 13 to 7 Jan 13. APPLICANT CONTENDS THAT: At the time of his initial entry he should have been accessed in the grade of captain, but was not due to an error made calculating his constructive service credit (CSC). Although he was accessed in 3 Mar 13, he was not paid as a captain until 12 Sep 13. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Air Force Reserve as a second lieutenant on 23 Sep 10 to pursue his Masters in Health Professions. On 11 Jan 13, the Secretary of Defense (SECDEF) approved the scroll appointing him as a Reserve officer in the grade of first lieutenant (1LT). On 3 Mar 13, the applicant was accessed onto active duty in the grade of 1LT. On 12 Sep 13, the SECDEF approved the scroll appointing the applicant to the grade of captain. Under Special Order JB2-005, dated 20 Nov 13, the applicant was appointed to the grade of captain in the Regular Air Force with a date of rank of 7 Jan 13, effective 12 Sep 13. On 10 Feb 15, AFPC/DPSIPV made an administrative correction to the applicant’s record, changing his DOR to the grade of 1LT to 1 Jan 11. As a result AFPC/DPSOO administratively changed his current grade DOR to the grade of captain from 7 Jan 13 to 1 Jan 13. 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, D, and E. AIR FORCE EVALUATIONS: AFPC/DPAN does not make a recommendation, but explains the CSC process. According to 10 USC 12203 (Reserve) and 531 (Active), the President delegated the authority to appoint captains and below to the SECDEF. CSC is figured in accordance with AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories—Reserve of the Air Force and United States Air Force, and AFI 36-2008, Voluntary Extended Active Duty (EAD) for Air Reserve Commissioned Officers, to determine the grade for commissioning in the Reserve and for accession onto active duty. After reviewing the calculations for the applicant’s CSC, it was determined an error prevented him from receiving the proper amount of credit. He should have been commissioned in the grade of captain. Therefore, his name was resubmitted for the grade of captain, and the SECDEF approved the scroll making him a captain effective 12 Sep 13. A complete copy of the AFPC/DPAN evaluation, with attachments, is at Exhibit C. AFPC/DPSOO recommends denial, indicating there is no evidence of an error or injustice. Per AFI 36-2501, Officer Promotions and Selective Continuation, current grade DOR is the date used as the primary means of indicating relative seniority among officers of the same grade and competitive category to establish eligibility for consideration for promotion to the next higher grade. Per AFI 36-2604, Service Dates and Dates of Rank, current grade effective date is the date on which pay and entitlements are effective for that grade. Normally this date cannot be earlier than an officer’s extended active duty date (EAD) in that grade, SECDEF approval of the selection board results to the grade of captain, or Senate confirmation to the grades of major through colonel. The applicant’s name was placed on a scroll for appointment in the incorrect grade of first lieutenant, and the scroll was approved by the SECDEF on 11 Jan 13. Due to the error, his name was then placed upon a scroll in the grade of captain, and that scroll was approved by the SECDEF on 12 Sep 13. AFPC/DPSIPV has changed the applicant’s DOR to 1 Jan 13, but his effective DOR should remain 12 Sep 13. There are no provisions or laws to allow an officer to have a grade effective date prior to being appointed to that grade by the SECDEF. A complete copy of the AFPC/DPSOO evaluation is at Exhibit D. AFPC/JA recommends partially granting the applicant’s request, indicating there is evidence of an error or injustice. The DOR or current grade DOR (CGDOR) is the date of rank of the officer for promotion and promotion board purposes, while the effective DOR is the date pay and allowances in the new grade will be effective. In the applicant’s case, after computation of the CSC, the CGDOR was determined to be 7 Jan 13 (since corrected to 1 Jan 13). The effective DOR is the date specified in the promotion order, 12 Sep 13 (the date the scroll was signed by the SECDEF). Had the original mistake not been made in calculation of the applicant’s CSC, he would have been scrolled to receive an effective DOR of 3 Mar 13, the date he entered active duty. But for that error, this would be his effective date now—and it should be his effective DOR if the applicant is to be made whole with a full correction of his record. In our view, the AFBCMR does have the authority to change the effective DOR to the date it would have been if the service date had been computed correctly and the applicant had entered active duty as a captain. The Board would not be usurping the SECDEF’s authority to appoint the officer as a captain, the SECDEF already made that determination and it was memorialized under Special Order JB2-005. The Board would only be changing the effective date back to the EAD. Therefore, the Board should correct the applicant’s record to reflect an effective DOR of 3 Mar 13, the date he entered active duty. A complete copy of the AFPC/JA evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to the applicant on 6 Jul 15 for review and comment within 30 days (Exhibit F). 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. 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/DPSOO indicating that relief should be denied due to the limitations on the Secretary of the Air Force’s authority to change effective dates of rank, we concur with the opinion and recommendation of AFPC/JA that since the SECDEF has already made the determination the applicant is to serve in the grade of captain, the SECAF does have the authority to adjust his effective DOR to the date it would have been had no error occurred. 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 change his effective date of rank to the grade of captain to 3 March 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-02819 in Executive Session on 11 Aug 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 30 Jun 13, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPAN, dated 12 Nov 14, w/atchs. Exhibit D.  Memorandum, AFPC/DPSOO, dated 18 Apr 15. Exhibit E.  Memorandum, AFPC/JA, dated 26 Jun 15. Exhibit F.  Letter, SAF/MRBR, dated 6 Jul 15.