RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04102 COUNSEL: NONE HEARING DESIRED: NO 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. This forced rank change is a direct violation of the Air Force core values and has caused an unnecessary distraction to her transition into the Air Force and financial and emotional distress. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 Dec 13, the applicant was commissioned as a captain in the Nurse Corps as a Reserve of the Air Force. On 19 Dec 13, the applicant was commissioned as a first lieutenant in the Nurse Corps as a Reserve of the Air Force. On 4 Mar 14, the applicant was accessed on extended active duty in the Regular Air Force to attend the Commissioned Officer Training (COT) course. On 26 Jan 15, the applicant was promoted to the grade of captain. AIR FORCE EVALUATION: 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 (6 Jun 13) and Capt/Regular appointment (22 Aug 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 Jul 13, Air Force Recruiting Service (AFRS) initially negotiated the applicant's commission/entry to active duty grade based on the FY13 CSC policy. 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 (AFI 36-2005, Table 2.1) and access to EAD as a Captain (AFI 36-2008, Table 1). She also received 1 month and 7 days entry grade credit (at 50 percent credit) from date of commission to the day prior to extended active duty date; a total of 4 years, 1 month and 7 days credit. In Dec 13, AFRS informed the applicant she would commission/enter AD in the grade of First Lieutenant. In Jan 14, 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 1 month and 7 days entry grade credit in accordance with AFI 36-2008, paragraph 11. The FY14 CSC policy authorized her to earn 3 years, 1 month and 7 days credit; however, the FYI3 CSC policy would have authorized her to earn 4 years, 1 month and 7 days credit if accessed in FY13 instead of FY14. The complete DPAN evaluation, with attachments, is at Exhibit D. AFPC/DPSOO did not provide a recommendation and submitted their review for informational purposes only. DPSOO notes the applicant entered active duty on 4 Mar 14 as a first lieutenant with a Date of Rank (DOR) of 26 Jan 13. She met and was selected for promotion to captain by the Calendar Year 2014B (CY14B) Captain Promotion Process. Her DOR to captain is 26 Jan 15 making her eligible for major in 2021. Based on AFPC/DPAN's advisory if additional grade credit is approved and the applicant should have been accessed as a captain she would be eligible to meet her major promotion board in 2020. The complete DPSOO evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 May 15 for review and comment (Exhibit E). As of this date, no response has been received by this office. In a similar case, AFPC/JA had concluded that once a reserve officer completes his or her commission, AFPC no longer retains authority to nullify the appointment; rather, the original appointment remains valid (Exhibit F). A redacted copy of the AFPC/JA advisory was provided to the applicant on 26 Oct 15 for review and comment (Exhibit G). 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 injustice. While we note the comments of AFPC/DPAN indicating that relief should be denied because the applicant only earned enough constructive service credit under the FY14 CSC policy to be appointed as a Reserve of the Air Force and a Regular officer first lieutenant, we believe a preponderance of the evidence substantiates that corrective action is warranted. In a previous case, AFPC/JA advised that once a reserve officer completes his or her commission, AFPC no longer retains authority to nullify the appointment to Captain and change it to first lieutenant. Rather, the original appointment remains valid. Regarding the applicant, SECDEF approved her appointment to Captain on 6 Jun 13, and the effective date of this appointment is 10 Dec 13, the date the applicant signed her oath of office. Consequently, we conclude the applicant should have been accessed onto Extended Active Duty in the grade of captain. Accordingly, 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: a. On 10 December 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. b. The AF Form 122, Oath of Office, dated 19 December 2013, be declared void and removed from her records. c. On 4 March 2014, she commenced a period of Extended Active Duty (EAD) in said grade. The following members of the Board considered AFBCMR Docket Number BC-2014-04102 in Executive Session on 4 Jun 15 and 11 Jan 16, and under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04102 was considered: Exhibit A. DD Form 149, dated 30 Sep 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPAN, dated 15 Dec 14, w/atchs. Exhibit D. Letter, AFPC/DPSOO, dated 18 Apr 15. Exhibit E. Letter, SAF/MRBR, dated 6 May 15. Exhibit F. Letter, AFPC/JA, dated 14 Apr 15. Exhibit G. Letter, AFBCMR, dated 23 Oct 15.