RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01026

XXXXXXXXX	COUNSEL: NONE

		HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His date of rank (DOR) to captain (O-3) reflect 20 May 2020 and an effective DOR of 24 May 2020.

APPLICANT’S CONTENTIONS

The delay in the Regular Captain Scroll established his DOR to captain and an effective DOR as 18 December 2020, the date the Secretary of Defense (SecDef) signed the scroll.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain.

On 3 May 2016, the applicant signed the Armed Forces Health Professions Scholarship Program (AFHPSP) agreement.

On 12 September 2016, under Reserve Order XXXX, the applicant was appointed as a second lieutenant (O-1) in Reserve Category K, effective 2 August 2016.

On 13 May 2020, according to DPAM Form 60, MC HPSP Constructive Credit Computation, the applicant was credited with 4 years constructive service credit.

On 24 May 2020, according to AF IMT 766, Extended Active Duty Order, the applicant was ordered onto active duty.  The order also noted, in block 13, that on 17 April 2020, the Air Force Accession and Training Division approved an exception to policy to access the officer as a second lieutenant until the Regular Captain Scroll was approved by the SecDef.

On 24 May 2020, the applicant took the oath of office as a captain in the Medical Corps.

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.  The applicant’s DOR to captain should reflect 20 May 2020 with an effective date of 24 May 2020.  On 2 August 2016, the applicant tendered a reserve appointment in the grade of second lieutenant prior to the SecDef signing the appointment scroll.  On 18 December 2020, the SecDef signed a ratification scroll to ratify the second lieutenant Reserve appointment scroll and the Regular captain appointment scroll.  The delay in receiving the signed scrolls caused his DOR to captain be established as 18 December 2020 the date the scroll was signed by the SecDef.  

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 12 April 2021 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 that he was promoted to captain (O-3) with a date of rank of 20 May 2020 and an effective date of rank of 24 May 2020.

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-2021-01026 in Executive Session on 23 September 2021:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 31 March 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, w/atchs, dated 12 April 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 April 2021.

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.