AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00042 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REOUESTS THAT: 

A  waiver  of  the  six-month  extended  active  duty  eligibility 
requirement be  approved  in order  for him  to be  considered  for 
promotion  to  the grade  of  major  by  the  CY98B  Major  Biomedical 
Sciences Corps  (BSC) Central Selection Board, which convened on 
6 April 1998. 

APPLICANT CONTENDS THAT: 

Due to the administrative processing of a correction to his DD 
Form 214,  his entry on active duty was delayed.  As of  6 April 
1998,  his  extended active duty  ( E m )  time was  five months  and 
five days. 

In  support  of  his  request,  applicant  submits  a  personal 
statement, copies of his DD Form 214  from the Army, his oath of 
office (AF Form 133) and additional documents associated with the 
issues cited in his contentions (Exhibit A). 

STATEMENT OF FACTS: 

Information maintained in the Personnel Data System (PDS) reveals 
the  applicant's  Total  Active  Federal  Military  Service  Date 
(TAFMSD) as 26  January 1990  and his Extended Active  Duty  (EAD) 
date as 1 November 1997.  He is currently serving on active duty 
in the grade of captain, with the date of rank of 2 July 1991 and 
the effective date of 1 November 1997. 
The applicant has prior service in the Reserve of the Air Force 
as a commissioned officer, both active and inactive, during the 
period 6 June 1980 -  July 1993. 
The  following  information  was  extracted  from  the  documents 
provided by the applicant.  Applicant's DD Form 214 from the Army 
indicates that he served in the US Army.Reserve (EAD) during the 
period  20  July 1993  -  19  July 1996  for a three year tour.  On 
19 July 1996, he was transferred to the Army Reserve in the grade 

. 

of  captain.  Applicant's Oath of  Office  (AF Form  133) reflects 
that, on 25  September 1997, he  was appointed a  captain  in  the 
Biomedical Sciences Corps (BSC), Reserve of the Air Force. 

AIR FORCE EVALUATION: 

The  Officer  Promotion  and  Appointment  Branch,  HQ  AFPC/DPPPO, 
,  reviewed this application and recommended denial.  DPPPO stated 
'  that while  the applicant meets  the date  of  rank  (DOR) criteria 
(1 January  -  31 December  1991)  for  consideration by  the  CY98B 
Major Biomedical Sciences Corps  (BSC) Central Selection Board, he 
does  not  meet  the  extended  active  duty  (EAD) requirement  of 
6  October  1997  or  earlier.  Therefore,  the  applicant  is  NOT 
eligible for the 6  April 1998 board.  DPPPO stated that given his 
DOR and EAD,  the applicant will be scheduled for the first board 
he  is eligible to meet; the next major BSC board  is tentatively 
projected  for  early  CY99. 
DPPPO  stated  that  although  the 
applicant  requests  a  waiver  to  the  six-month  EAD  requirement 
because he was delayed through no fault of his own, there is no 
requirement for officers to be accessed onto active duty for the 
purpose  of  promotion  board  consideration.  Since  there  is  no 
accession requirement, there cannot be a delay. 

DPPPO  stated  that  the  six-month EAD  requirement  for  promotion 
eligibility  supports  the  objective  of  the  Air  Force  Officer 
Promotion program by allowing time for an officer to compete with 
his  or  her  peers  in a  fair and  competitive selection process. 
Waiving the six-month EAD requirement may not necessarily afford 
the applicant a fair opportunity to compete for promotion.  DPPPO 
indicated that waiving the six-month EAD  requirement will allow 
the  applicant  an  advantage  not  offered  to  others  in  similar 
situations (Exhibit C). 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The applicant  reviewed  the advisory opinion and  indicated  that 
his date of  rank  is based on military  service not  constructive 
credit.  The six-month EAD  requirement protects officers who may 
have  been  given  a  lot  of  constructive  credit  for  civilian 
experience  (reflected by DOR) from being passed over due to lack 
of  military  experience  (OPRs, etc).  He  has  a  strong military 
record and has five months and five days credit toward the six- 
month  requirement.  He would  have  easily met  the six-month EAD 
rule if his recruiter had not given him false information back in 
July 1997.  He is not requesting a waiver to the six-month rule 
for the purpose of  promotion consideration.  He only found out of 
his eligibility for promotion consideration 30 days after coming 
on active duty when he was notified  thgt he was  in the primary 
zone f o r   the 6  April 1998 board.  In support of his request, he 
provided a copy of AETC Form 1385  (Health Profession Application 

2 

98-00042 

Status), which  shows  that  the  recruiter noted  the  DD  Form  214 
discrepancy and contacted the Army Personnel Center on 5 August 
1994.  A complete copy of this response is appended at Exhibit E. 

THE BOARD CONCLUDES THAT: 

1. 
law 

2. 

The applicant has exhausted all remedies provided by existing 
or regulations. 
The application was timely filed. 

Sufficient  relevant  evidence  has  been  presented  to 
3 .  
demonstrate the existence of probable injustice.  After reviewing 
the circumstances of this case, we are persuaded that the delay 
in applicant's entry on extended active duty  (EAD)  was through no 
fault of his.  We believe that, had the DD Form 214 discrepancy 
been corrected shortly after it was discovered by  the recruiter 
on  5 August  1997, the  applicant  would  have  reported to  active 
duty  as  initially  scheduled.  We  believe  the  applicant  took 
extraordinary steps to ensure that the discrepancy was corrected. 
In our opinion, the applicant has been the victim of an injustice 
in  that  the  bureaucracy  failed  to  process  his  paperwork  in  a 
timely manner.  We believe the applicant will be afforded proper 
and  fitting relief  by  granting  his waiver  request  and  that  he 
meet a Special Selection Board  (SSB) for promotion consideration 
We  therefore  conclude  that  the 
to  the  grade  of  Major. 
applicant's records should be corrected as indicated below. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that: 

a.  He entered extended  active duty  (EAD) in the Air  Force 

on 5 October 1997 rather than 1 November 1997. 

b.  He be  considered for promotion to the grade of major by 
a Special Selection Board for the CY98B Major Biomedical Sciences 
Corps Central Selection Board, which convened on 6  April 1998. 

The following members of the Board considered this application in 
Executive Session on 19 May 1998, under the provisions of AFI 3 6 -  
2 6 0 3  : 

Ms. Patricia J. Zarodkiewicz, Panel Chair 
Mr. Jackson A. Hauslein, M.ember 
Mr. Robert W. Zook,  Member 

3 

. 
98-00042 

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

Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 

A.  DD Form 149, dated 7 Jan 98, w/atchs. 
B.  Applicant's Master Personnel Records. 
C.  Letter, HQ AFPC/DPPPO, dated 23 Jan 98. 
D.  Letter, SAF/MIBR, dated  9 Feb 98. 
E.  Letter from applicant, dated 5 Mar 98, w/atchs. 

4 

. 
98-00042 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

3UN  3 0  t998 

Office of the Assistant Secretary 

AFBCMR 98-00042 

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: 

records of the Department of the Air Force relating to 
orrected to show that: 

a.  He entered extended active duty (EAD) in the Air Force on 5 October 1997 rather 

than 1 November 1997. 

b.  He be considered for promotion to the grade of major by a Special Selection 

Board for the CY98B Major Biomedical Sciences Corps Central Selection Board, which 
convened on 6 April 1998. 

n 

Director 
Air Force Review 

. 

DEPARTMENT  OF  THE  A I R   FORCE 

HEADQUARTERS  AIR  FORCE  PERSONNEL CENTER 

RANDOLPH  AIR  FORCE  B A S E  T E X A S  

t 

C’ 

2 3  JAll  1998 

MEMORANDUMFOR  AFBCMR 
FROM:  HQ AFPCLDPPPO 

550 C Street West Suite 8 
Randolph AFB TX 78150-4710 

SUBJECT: 

Reauested Action.  Applicant requests waiver of the six-month extended active duty 

eligibility requirement in order to be considered by the CY98B Major Biomedid Sciences Corps 
(BSC) Central Selection Board. 

Basis for Request. ApPIicant contends that due to the administrative processbg of a 

correction to his DD Form 214, his entry onto active duty was .delayed. 

Discussion. 
a.  Application is timely.  Applicant entered extended active duty @AD) in the Air Force 

on 1 Nov 97 with a date of rank @OR) to captain of 2 Jul91. 

b.  The CY98B Major BSC Central Selection Board will convene on 6 Apr 98.  while the 
applicant meets the DOR criteria for this board, 1 Jan - 31 Dec 91, he does not meet tbe EAD 
requirement of 6 Oct 97 or earlier,  Therefom, the applicant is NOT eligible for the 6 Apr 98 
board.  Given his DOR and EAD, he will be scheduled for the frst board he is eligible to meet. 
The next major BSC board is tentatively projected for early CY99. 

The sixmonth EAD requirement is outlinsd in AFI  36-250 1, OfJicer Promotiorts and 
C. 
Cmtimtardon, 1 Mar 9 6 , m O f f i c e r s  are not eligible for consideration by a 
&lective 
board or for promotion if theyf(A2j5.3) Have not been on extended active duty at least 
selection 
6 consecutive months immediately before the central selection board’s convening date. 
Exceptions are nonline first lieutenants being considered for captain and M C  and DC 
being considered for major,” 

d.  Although the applicant requests a waiver to the six-month EAD requirement because 
he was delayed through no f d t  of his own, there is no requirement for officers to be accessed 
onto active duty for the purpose of promotion board consideration.  Since there is no accession 
requirement, there cannot be a delay. 

Recommendation: Denial. 

2 

summary : The skmonth EAD requirement for promotion eligibdity supports the 

objective of the Air Force officer Promotion Program by allowing time for an officer to compete 
With his or her peers in a fair and competitive selection process.  Waiving the six-month EAD 
requirement may not necessarily &rd 
the applicant a fkir opportunity to compete for promotion. 
Further, waiving the &-month  EAD requirement wiIl allow the applicant an advantage not 
offered to others in similar situations.  We have no recommendations ifthe Board elects to grant 
relief over our objections. 

b 

POC:  Mr. GiJ Torre, DSN 487-5602. 

KAkHRYd?. STATEN, Lt Col, USAF 
Cfiec CMEcer Promotion and Appointment Branch 
Directorate of Personnel Program Management