RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04888

xxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His official military records be corrected to reflect 6 years constructive service credit vice 4 years.

APPLICANT’S CONTENTIONS

He recently discovered the error while investigating his delayed promotion to major (O-4).  He was commissioned in March 2011, as a second lieutenant (O-1), in the middle of his 4-year optometry degree, and was told he would be promoted to captain (O-3) upon graduation in 2013.  However, the university he attended offered him an additional Master’s degree at no cost.  He was required to complete courses while seeing optometry patients as a provider and teacher at their clinic.  

He received approval from the Air Force Health Professions Scholarship Program, and was placed in reserve status for three years, but instructed not to receive his optometry degree until he completed the Master’s degree or his active duty time would initiate.

He transferred his optometry degree to the university and finished his Master’s degree in three years, while earning constructive service credit seeing patients.  He was awarded both degrees in 2016.  He erroneously received four years credit for all his education, the three years he saw patients, and reserve time from 2009-2016 when he entered active duty. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain.

On 18 March 2011, the applicant signed Armed Forces Service Agreement for the F. Edward Hebert Armed Forces Health Professions Scholarship Program (AFHPSP).

On 18 March 2011, the applicant took the oath of office as a second lieutenant in the Medical Service Corps.

On 13 April 2011, under Reserve Order PA-00495, the applicant was appointed as a second lieutenant in Reserve Category K, effective 18 March 2011.

On 1 April 2016, according to DPAM Form 60, BSC HPSP (Optometry) Constructive Credit Computation, the applicant was credited with 4 years constructive service credit.

On 13 April 2016, under Special Order AH-0327, the applicant was called to Extended Active Duty, effective 23 May 2016.

On 21 May 2016, the applicant took the oath of office as a captain in the Biomedical Sciences Corps.

On 14 July 2016, under Reserve Order D-0574, the applicant was appointed as a captain in Ready Reserve status, effective 7 May 2016.

On 4 November 2014, according to AFPC Form 282, Date of Rank Computation, the applicant was credited with 4 years and 8 days toward his grade/date of rank.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2N recommends denying the application.  On 18 March 2011, the applicant commissioned as a second lieutenant in the Air Force Reserve to attend medical school under the Health Professions Scholarship Program.  On 7 May 2016, the applicant was awarded his Doctor of Optometry degree and reappointed to the grade of O-3.  Also, on 7 May 2016, he was awarded an Optometry Master Public Health dual degree.  On 19 May 2016, the applicant entered onto extended active duty in the grade of O-3.  The applicant received 4 years of credit at 100% credit for his Doctor of Optometry degree and 8 days of credit at 100% credit for his entry grade credit from the date he commissioned to the day prior to his extended active duty date.  The applicant received 4 years and 8 days of total service credit, which allowed him to enter onto active duty in the grade of O-3.  

The time the applicant spent earning the dual degree overlaps with time he was awarded credit for his medical degree.  Department of Defense Instruction (DoDI) 6000.13, Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs)  and Air Force Instruction (AFI) 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, in effect at the time the applicant commissioned, state a period of time, or qualification, is counted only once when computing constructive service credit.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 August 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2N and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  DoDI 6000.13 and AFI 36-2005, in effect at the time of the applicant’s commissioning, prohibited counting a period of time, or qualification, more than once when computing constructive service credit.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04888 in Executive Session on 2 September 2020:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 7 November 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 24 August 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 25 August 2020.

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