RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02168

XXXXXXXXXXXXXX	COUNSEL:  NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His entry grade into active duty be in the grade of lieutenant colonel, instead of major.  

APPLICANT CONTENDS THAT:

Prior to his commissioning, he met all criteria and was selected to enter active duty as a lieutenant colonel.  However, because of a scrolling delay, he was commissioned in the Air Force Reserve as a major and entered active duty as a major.   He had already left his civilian job and could not afford to be unemployed pending approval of his scroll for appointment as a lieutenant colonel.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a lieutenant colonel in the Air Force.  His date of rank (DOR) and effective date for promotion are 19 Sep 18.     

According to his DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant served a period of prior active duty service in the Navy and was discharged on 31 Jul 11 in the grade of lieutenant commander (O-4).  He was credited with 10 years, 1 month and 14 days of active duty service.  

AF Form 133, Oath of Office, dated 29 Aug 16 shows he was commissioned in the Reserve of the Air Force in the grade of major.  

AF IMT 766, Extended Active Duty Order, Special Order AH-1141 dated 14 Sep 16, shows he entered active duty on 19 Sep 16 in the grade of major.  

DPAM Form 60, Constructive Credit Computation, dated 2 Apr 18 shows he received 16 years, 8 months and 23 days of constructive service credit (CSC).  

The applicant met the CY17A Lieutenant Colonel Medical Corps (MC) Central Selection Board (CSB) and was selected for promotion with date of rank (DOR) and effective date 19 Sep 18.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPN2 recommends granting the applicant’s request.  Under the circumstances, the equities favor granting the applicant appointment to the grade of lieutenant colonel.  He received sufficient amount of CSC to enter onto active duty in the grade of lieutenant colonel per DODI 6000.13, Accession and Retention Policies, Programs and Incentives for Military Health Professionals, and AFI 36-2005, Officer Accessions.  The alleged error occurred when he entered onto active duty in the grade major instead of his authorized grade of lieutenant colonel.  He received sufficient CSC for the grade of lieutenant colonel with a DOR of 26 Dec 15 and effective date for 19 Sep 16.  

On 31 Jul 11, he separated from the Navy as a lieutenant commander and was not transferred to the Reserves since he completed his obligated service.  He was recruited into the Air Force as an anesthesiologist from the civilian sector.  On 29 Aug 16, he acknowledged consent for appointment in the Reserve of the Air Force as a major and to enter onto active duty as a lieutenant colonel.  

He then on 29 Aug 16 signed a statement of understanding accepting an appointment in the Reserves as a major and prepared to enter active duty in the same grade.  He understood that a potential regular appointment as a lieutenant colonel was contingent upon the President of the United States (POTUS) and Senate confirmation and that he would be transferred to the active duty as a major.  On 29 Aug 16, he signed an oath of office to appoint in the Reserve of the Air Force as a major and on 19 Sep 16 entered active duty as a major.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 4 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is the victim of an error or injustice.  We note AFPC/DPN2 recommends the AFBCMR grant the applicant’s request for appointment in the grade of lieutenant colonel given he received sufficient CSC.  However, appointment in the grade of lieutenant colonel is contingent upon approval of the POTUS and Senate confirmation; therefore, this Board, which serves on behalf of the Secretary of the Air Force is without authority to correct his appointment, although it was incorrect.  However, since the applicant is now a lieutenant colonel with DOR and effective date of 19 Sep 18, it is our recommendation he be awarded sufficient CSC for retroactive correction of his DOR to 26 Dec 15, with an effective date of 19 Sep 16.  Therefore, the Board recommends 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 competent authority approved sufficient constructive service credit to qualify him for a date of rank for lieutenant colonel of 26 Dec 15, with an effective date of promotion of 19 Sep 16.    

 CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02168 in Executive Session on 25 Sep 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPN2, w/atchs, dated 27 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.