RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01547

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His date of rank (DOR) to major (O-4) be corrected to 13 November 2016, with an effective date of 19 May 2018.

APPLICANT’S CONTENTIONS

On 19 May 2018, he graduated from the Uniformed Services University of the Health Sciences (USUHS) Medical School, and should have been re-appointed to major.  However, through no fault of his own, due to a delay in processing the scroll, his DOR for major was established as 4 September 2018, the date of scroll confirmation.

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

STATEMENT OF FACTS

The applicant is a major in the Regular Air Force.

On 31 July 2014, according to Special Order D-0013, dated 6 October 2014, the applicant was appointed as a second lieutenant (O-1) in the Regular Air Force, with duty at the USUHS.

On 31 October 2017, according to DPAM Form 60, Constructive Credit Computation, the applicant had sufficient credit to enter active duty as a major.

On 19 May 2018, according to USUHS Transcript dated 6 June 2018, provided by the applicant, he graduated with a Doctor of Medicine degree. 

On 4 September 2018, according to Special Order JB18-014, dated 30 November 2018, the applicant was appointed to major in the Regular Air Force, by the President with consent of the Senate signed nomination (Scroll ID 1399).

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 accordance with DoDI 1310.02, Appointing Commissioned Officers, and Air Force Instruction (AFI) 36-2005, Officer Accessions, all officers who are commissioned to the Regular Air Force receive appointments at the time they enter active duty.  The Oath of Office is tendered on or after the date the scroll is approved and signed.  Upon graduation from USUHS, officers are reappointed to the grade of O-3 in accordance with DoDI 6000.13, Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs), and AFI 36-2005.  The applicant received additional constructive service credit to reappoint to the grade of O-4.  However, due to a multitude of administrative errors and delays, which were not within the applicant’s control, his scroll package was not timely submitted for ratification.  On 4 September 2018, his Regular O-4 scroll was signed by the President and confirmed by Senate.  AFPC later submitted a ratification package to change his DOR to O-4 to the day he graduated from USUHS.  However, in October 2018, the Air Force Officer Scrolling Office (AF/A1PT) rejected the ratification package and informed AFPC they must submit a promotion scroll.  AF/A1PT ultimately informed AFPC to submit an application to the Board to correct the applicant’s date of rank instead of submitting a ratification package.

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 28 April 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 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 APPLICANT be corrected to show he was promoted to the grade of major (O-4) with a date of rank of 13 November 2016, and an effective date of 19 May 2018.

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-2020-01547 in Executive Session on 25 June 2020:

, 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 6 February 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 16 December 2019.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 April 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.