RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04955

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her date of rank (DOR) to captain (O-3) be corrected to 24 May 19, with an effective date of 27 May 19. 

APPLICANT’S CONTENTIONS

On 27 May 19, she entered onto active duty, and should have been appointed to captain.  However, through no fault of her own, due to a delay in processing the scroll at the Office of the Secretary of Defense (SECDEF), she unjustly established a DOR of 4 Mar 20.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving as a captain (O-3) in the Regular Air Force.

On 30 Jun 15, under Reserve Order PA-00611, dated 13 Jul 15, the applicant was appointed as a Reserve of the Air Force.  

According to Special Order AH-0702, dated 20 May 19, the applicant was ordered to active duty in the grade of second lieutenant (O-1) effective 27 May 19.

Constructive Credit Computation, completed 3 Apr 20, reflects the applicant was authorized to enter active duty as a captain.

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 granting the application.  In May 15, the Air Reserve Personnel Center (ARPC) scroll manager updated their database to reflect SECDEF signed the second lieutenant Reserve scroll in May 15.  In Jun 15, the applicant tendered a reserve appointment mandated by Title 10, United States Code 12203 to attend medical school in the Health Professions Scholarship Program (HPSP).  In 2016, Headquarters Air Force Enlisted Accessions and Training Office (HAF/A1PT) mandated all appointment nominations reflect previous scroll identification numbers if appropriate.  In Apr 19, ARPC was able to identify the approved Reserve second lieutenant scroll identification number and approval date, but was unsuccessful in retrieving a copy of the approved scroll for AFPC to include with the subsequent Regular captain nomination submission to HAF/A1PT.  In Mar 18, HAF/A1PT authorized ARPC to submit a ratification package to ratify the Reserve second lieutenant scroll and APFC to submit a subsequent Regular captain nomination concurrently to expedite the approval process.  In May 19, the applicant completed medical school, and entered onto active duty 27 May 19, via a HAF/A1PT Exception to Policy under the Voluntary Limited Period of Active Duty program until the captain scroll was approved.  On 4 Mar 20, SECDEF signed the second lieutenant Reserve ratification scroll and the subsequent captain Regular scroll.  In accordance with Department of Defense Instruction (DoDI) 1310.02, Appointing Commissioned Officers, and Air Force Instruction (AFI) 36-2005, Officer Accessions, all officers commissioned to the Regular or Reserve component of the Air Force receive appointments at the time they enter active duty or the Reserves.  In accordance with AFI 36-2005, paragraph 13.1, the Oath of Office is tendered on or after the date the scroll is approved and signed.  Upon graduation from HPSP officer is reappointed to the grade of captain in accordance with DoDI 6000.13, Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs), and AFI 36-2005.

The complete advisory opinion, with attachments, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 Apr 20 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 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 substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was promoted to the grade of captain (O-3) with a date of rank of 24 May 19, and an effective date of rank of 27 May 19.

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-2019-04955 in Executive Session on 28 Apr 20:

, 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 27 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, w/atchs dated 10 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Apr 20.

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.