c . 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR  97-00826 

MEMORANDUM FOR THE CHIEF’ OF STAFF 

Having received and considered the recommendation of the Air Force 
Board for Correction of Military Records and under the authority of 
Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: 

1996. 

ent of the Air Force 
be considered for 
ection Board for the 
nvened on 9 September 

Director 
Air Force Review Boards Agency 

U 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-00826 
COUNSEL:  NONE 

OCT  2 2  5991 

APPLICANT REOUESTS THAT: 

He be granted a waiver for the six-month active duty requirement 
for promotion consideration to the grade of  captain  (0-3); and, 
that his name be added to the FY97 captain promotion list. 

APPLICANT CONTENDS THAT: 

He had  enough time-in-grade to meet  the  September 1996 Captain 
Promotion Board, but he did not have six months on active duty. 
If the active duty requirement is waived, he would  be  eligible 
for promotion to captain upon completion of his two years time- 
in-grade as a first lieutenant (0-2). 

In  support  of  his  request,  applicant  submits  copies  of  his 
Statement  of  Service,  NGB  Form  22  (Report of  Separation  and 
Record  of  Service),  DD  Form  214,  and  additional  documents 
associated with the issues cited in his contentions (Exhibit A). 

STATEMENT OF FACTS: 

Information extracted  from the  applicant's  submission indicates 
that  on  16  October  1992, he  was  appointed  a  second  lieutenant 
Air National Guard  m A N G )  ,  Reserve of the Air Force 
nd was subsequently promoted to first lieutenant  (02), 
ANG, ResAF, with  the date of rank of  20 April  1995.  On 27 
ch 1993, the applicant entered active duty for the purpose of 
attending  training.  On  30  March  1995,,  he  was  released  from 
required active duty training, under the provisions of AFR 35-41, 
Vol  I1  (completion of  active  duty), with  2 years and 4  days of 
active duty service at the time of release. 

ly  1996, applicant was relieved from his assignment with 
ANG  and honorably discharged  from the W A N G ,   ResAF.  He 
pleted a total of 3 years, 8 months and 17 days of service 
at  the  time of  his  separation.  Effective  3  July  1996, he  was 
appointed  in  the  Regular  Air  Force  and  entered  into  extended 

. 

active  duty  (EAD)  on  6  July  1996  in  the  grade  of  first 
lieutenant, with the date of rank of 9 July 1995. 
Through further research with HQ AFPC/DPPPO, they indicated that 
the CY96 Captain Line Board convened on 9 September 1996. 

AIR FORCE EVALUATION: 
The Directorate of  Personnel Program Management, HQ AFPC/DPPPO, 
stated  that  the  active  duty  promotion  eligibility  criteria  as 
outlined in AFI  36-2501, attachment 2, states  "Officers are not 
eligible for consideration by a selection board or for promotion 
if  they:  have  not  been  on  extended  active  duty  at  least  six 
consecutive  months  immediately  before  the  central  selection 
board's  convening date."  Due to the applicant's  EAD  of 6  July 
1996, he was ineligible to meet the CY96 captain board due to not 
having six consecutive months on extended active duty.  On 2 May 
1997, the  Secretary of  the  Air  Force  approved  eliminating  the 
six-month EAD requirement for all line first lieutenants meeting 
promotion boards when  the promotion opportunity is 100 percent. 
DPPPO recommended that  the  applicant's  request  for a  waiver  of 
the  six-month  active  duty  requirement  for  promotion  board 
consideration  be  approved.  DPPO  recommended  that  applicant's 
request to be added to the CY97 captain promotion list be denied. 
If  the  Board  agrees  with  DPPO's  recommendation  to  waive  the 
six-month active duty requirement, the applicant should then be 
placed  before  the next  available Special  Selection Board  (SSB) 
for promotion consideration to captain by  the CY96 Captain Line 
Board.  The applicant will  then be  afforded  fair and equitable 
opportunity for future promotions along with his peers. 

In  DPPPOIs  amended  advisory  opinion,  they  indicated  that,  on 
2 May 1997, the Secretary of  the Air  Force approved eliminating 
the  six-month  EAD  requirement  f o r   all  line  first  lieutenants 
meeting  promotion  boards  when  the promotion  opportunity is  100 
percent. 
Copies of the evaluations are appended at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
A copy of the Air Force evaluation was forwarded to applicant on 
14 April  1997  for  review  and  response.  As  of  this  date, no 
response has been received by this office  (Exhibit D). 

I 

2 

9 7 - 0 0 8 2 6  

. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2 .   The application was timely filed. 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of probable error or injustice.  Having 
carefully  reviewed  this  application,  we  agree  with  the 
recommendation of the office of primary responsibility (OPR) that 
the 
approved. 
Notwithstanding,  we  disagree  with  the  applicant's  request  for 
direct  promotion.  We  believe  the  applicant  will  be  afforded 
proper  and  fitting relief by meeting  a  Special Selection Board 
(SSB) for promotion consideration to the grade  of  captain.  We 
therefore  conclude  that  the  applicant's  records  should  be 
corrected in the following manner. 

applicant's 

should 

be 

waiver 

request 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be considered for promotion to the grade of 
captain by  a  Special  Selection Board  for  the  CY  1 9 9 6   Central 
Captain Selection Board, which convened on 9 September 1 9 9 6 .  

The following members of the Board considered this application in 
Executive Session on  15 July 1997, under the provisions  of AFI 
3 6 - 2 6 0 3  : 

Mr. Wayne R. Gracie, Panel Chairman 
Ms. Sophie A. Clark, Member 
Mr. Michael P. Higgins, Member 

All  members voted  to  correct  the  records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 28 Feb 9 7 ,   w/atchs. 
Applicant's Master Personnel Records. 
Exhibit B. 
Exhibit C.  Letters, HQ AFPC/DPPPO, dated 27  Mar 97  and 
25 Jun 9 7 .  
Exhibit D.  Letter, SAF/MIBR, dated 14 Apr 9 7 .  

I 

Panel Chairman 

3 

9 7 - 0 0 8 2 6  

D E P A R T M E N T  OF THE A I R   F O R C E  

H E A D Q U A R T E R S   AIR  F O R C E   P E R S O N N E L  C E N T E R  

R A N D O L P H   AIR  F O R C E   B A S E  T E X A S  

U.S. AIR FORCE 

MEMORANDUM FOR AFBCMR 
HQ AFPCDPPPO 
550 C Street West Suite 8 
Randolph AFB TX 78150-4710 

FROM: 

SUBJECT: 

Correction of Military Reco 

2 7 M ~  7 -  1 9 9 7  

Requested Action.  Applicant requests waiver for active duty requirement for promotion to captain 

and to be added to the promotion list. 

Basis for Request:  Applicant bases his request on his contention he had enough time in grade to 

meet the September 1996 captain board but did not have six months on active duty. 

Discussion: 
a.  Applicant was separated fiom the ANG on 2 Jul96 as a first lieutenant with a date of Tank of 
20 Apr 95.  The evidence provided by the applicant suggests he was not considered for promotion in the 
ANG.  Whether he should have been considered prior to his separation may be best answered by the NGB 
and is outside the purview of this advisory. 

b. The applicant was accessed into active duty (EAD) on 6 Jul96 as a first lieutenant with a date 
of rank (DOR) of 20 Apr 95. This idormation is correct, accurate, and verified.  The Voluntary Reserve 
Officer EAD Program for Navigators and Electronic Warfitre Officers Information Sheet, paragraph 4b 
advised the applicant, “Eligibility for promotion consideration to the next higher grade will depend on the 
officer’s established DOR after return to EAD. (1) Timing of return to EAD affects promotion 
consideration since an officer is ineligible for promotion unless he or she has served at least six months of 
continuous active duty commissioned seMce immediately prior to the board.” 

c.  The active duty promotion eligibility criteria as outlined in AFI 36-2501, attachment  states, 

“Officers are not eligible for consideration by a selection board or for promotion if they: (A2.5.3) Have nat 
been on extended active duty at least six consecutive months immediately before the central selection 
board’s convening date.”  Given the DOR of 26 May 95, the applicant would have been normally eligible 
and scheduled for promotion consideration by the next available board.  However, due to the applicant’s 
EAD of 6 Jul96, he was ineligible to meet the CY96 captain board due to not having six consecutive 
months on extended active duty.  Therefore, the applicant will be scheduled for and will meet the next 
available captain selection board or CY97. 

d.  Further, Title 10, U.S.C, section 616d states, “an officer on the activeduty list m y  not be 

promoted to a  higher grade under this chapter unless he is considered and recommended for promotion to 
that grade by a selection board convened under this chapter (chapter 36).” Since the applicant has not been 
considered nor recommended for promotion to captain due to eligibility requirements established by AFI 
36-250 1, the applicant cannot be promoted to captain. 

1 

06/25/97 

12:13 

e 4 8 7 5 5 6 9  

c. 

AFMPC-PROM DIV 

a 002 

DEPARTMENT O F  THE AtR  FORCE 

HEADQUARTERS  AIR  FORCE PERSONNEL CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

25 Jun 97 

FROM:  HQ AFPClDPPPO 

550 C Sir&  West Suite 8 
Randolph AFB TX 78150-4710 

( 

SUBJECT: 

Mar 97 

Correct information,  Applicant was separated fiom the ANG on 2 Jul96 as a ht 

lieutenant with a date of rank of 20 Apr 95.  The applicant was then ~ ~ s s e d  
@AD) on 9 Jul96 as a first lieutenant with a date of rank of9 Jd 95. 

into active duty 

Update.  2 May 97, SecAF approved ehinatbg the &month EAD requirement for all he 

first lieutenants meeting promotion boards when the promotion opportunity is 100 percent. 

-GIL 

TORRE 

OfIEicer Promotion Marragement 
Directorate of Personnel Program 

-., 

. .?  ,