RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01900
INDEX CODE: 100
COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His extended active duty (EAD) date be changed from 16 Mar 98 to
15 Mar 98 to allow him to request supplemental board consideration for
promotion to the grade of captain.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Before entering the Air Force, he was told he would make captain two
years from when he was promoted to first lieutenant and this date is
13 Jul 98. Mention was made that he must be boarded and that a
“special board” could board him if he missed the Regular Captain’s
board. If he did not request a supplemental board, he was to be
boarded this fall but his date of rank (DOR) and the difference in pay
would be backdated to 13 Jul 98. This was acceptable to him but he
was recently told this could or would not be done. He was also told
that he missed the right to request to meet a supplemental board by
one day. If his EAD was 15 Mar 98 instead of 16 Mar 98, he could
request to meet a supplemental board. This is especially disturbing
to him because he had requested to be called to active duty in the Air
Force on 3 Mar 98. Two weeks passed between the time he left the Army
on 2 Mar 98 and when he received active duty orders from the Air
Force. He feels this is unjust, especially in light of his impeccable
record as an officer.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
From 21 Nov 97 through 2 Mar 98, the applicant completed the necessary
documentation to allow him to separate from the United States Army and
apply for accession to the Air Force.
On 21 Nov 97, applicant completed an AF Form 24 (Application for
Appointment as Reserves of the Air Force or USAF Without Component)
indicating “I will be available to enter active duty on 16 Mar 98.”
Order 037-0009, dated 6 Feb 98, released the applicant from active
duty with the Army, effective 2 Mar 98.
On 3 Mar 98, the applicant was commissioned a first lieutenant (O-2),
Nurse Corps, Reserve of the Air Force.
On 12 Mar 98, Headquarters AFRS forwarded the accession package to
Headquarters AFPC/DPAMN for further processing. DPAMN completed
assignment processing for Andrews AFB, Maryland, with a reporting date
of 23 Mar 98. DPAMN also completed the Nurse Extended Active Duty
Assignment Worksheet then hand carried the accession package to
Headquarters AFPC/DPAMF2 for issuance of EAD orders. DPAMF2 conducted
their actions and issued EAD Order AH-0596, dated 12 Mar 98. This
order directed the applicant to report to Andrews AFB “no earlier than
0600 hours and no later than 2400 hours on 23 Mar 98.” The applicant
began his EAD tour on 16 Mar 98 instead of 23 Mar 98 due to his
entitlement of eight travel days from his home of record (HOR) to
Andrews AFB.
The CY98A Captain Selection Board convened on 16 Mar 98. The criteria
to be considered for promotion by this board indicated that all
individuals meeting promotion boards must meet eligibility criteria
established by the Secretary of the Air Force (SAF). Since applicant
was not on active duty on 16 Mar 98, he was not eligible.
Applicant was considered and selected for promotion to the grade of
captain by the Calendar Year 1998 (CY98) (Sep 98) Central Captain
Board, effective, and with a DOR of 21 Oct 98.
_________________________________________________________________
AIR FORCE EVALUATION:
The Superintendent, Medical Accessions & Personnel Programs Division,
AFPC/DPAMF2, reviewed this application and indicated that the
applicant held the grade of first lieutenant, date of rank (DOR) of
13 Jul 96, upon separation from the United States Army and is entitled
to enter the Air Force in the same grade and DOR. AFI 36-2604,
paragraph 7.7, states, “An officer who separates from the latter
returns to EAD retains the CGDOR he or she held at the time of
separation, provided that one of the following applies: The officer
is returning to EAD in the same grade and same competitive category
(regardless of branch of service) within one year of release or
discharge from EAD...”
AFI 36-2501, Officer Promotion and Selective Continuation,
Attachment 2, paragraph A2.2, states “...Promote first lieutenants on
the active duty list selected for promotion to captain after
completing 24 months’ time-in-grade (TIG) computed from their DOR as a
first lieutenant, or upon the Assistance Secretary of Defense (Force
Management and Personnel) approval of the captain selection board
report, whichever is later...” The applicant is eligible to meet the
Sep 98 Central Captain’s Board and if selected he will put on captain
in Oct/Nov 98 (depending on when the board results are approved).
The applicant entered the Air Force through the accession process.
This process normally takes two to three weeks for completion of
processing actions. He was on active duty in the Air Force 14 days
after separating from the Army. Had he applied through a different
program, Interservice Transfer (AFI 36-2004), he would have
transferred from the Army to the Air Force without interrupting his
active duty days.
DPAMF2 recommends denial of applicant’s request to change his EAD
date. All individuals meeting promotion boards must meet eligibility
criteria established by the Secretary of the Air Force and changing
the applicant’s factors to make him eligible would give him an unfair
advantage not offered to others in this same situation.
A complete copy of the Air Force evaluation, with attachments, is
attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 Nov 98, the Health Professions Recruiter provided a two-page
statement, with attachment, on behalf of the applicant (see
Exhibit E).
Applicant reviewed the advisory opinion and provided a two-page
statement, with attachment (see Exhibit F).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
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. After noting the
statement from the Health Professions Recruiter, dated 6 Nov 98, we
are sufficiently persuaded that an inordinate amount of time to
process applicant’s orders for acceptance into the Air Force elapsed.
In this respect, the Health Professions Recruiter stated that he spoke
with an individual at Recruiting Service on more than one occasion
requesting applicant’s orders be expedited. The applicant was
commissioned on 3 Mar 98 (the day following his release from the Army)
and the commissioning papers were faxed to Recruiting Service the same
day; however, the orders were not initiated until 12 Mar 98. While we
note that the applicant signed AF Form 24 indicating he would be
available to enter active duty on 16 Mar 98, he indicated in a
statement, dated 27 Jan 98, of a proposed assignment and appointment
date of 15 Mar 98. We believe that had the applicant known he would
have missed promotion consideration by one day, he would have changed
his availability date. Furthermore, in view of the fact that the
promotion board was convening in Mar 98, we believe applicant’s
accession processing should have been expedited in order to afford him
the opportunity to meet the first available board. In view of the
above and in order to offset any possibility of an injustice, we
recommend applicant’s records 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 his EAD date is
changed from 16 Mar 98 to 15 Mar 98.
It is further recommended that he be considered for promotion to the
grade of captain by a Special Selection Board for the CY98A Central
Captain Board.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 15 June 1999, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Dr. Gerald B. Kauvar, Member
Mr. Michael Barbino, Member
Mrs. Joyce Earley, Examiner (without vote)
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jul 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMF2, dated 31 Aug 98, w/atchs.
Exhibit D. Letter, AFBCMR, dated 21 Sep 98.
Exhibit E. Letter fr recruiter, dated 6 Nov 98, w/atchs.
Exhibit F. Letter fr applicant, dated 19 Nov 98.
VAUGHN E. SCHLUNZ
Panel Chair
INDEX CODE: 100
AFBCMR 98-01900
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:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that his extended active
duty (EAD) date, be, and hereby is, changed from 16 March 1998 to
15 March 1998.
It is further directed that he be considered for promotion to
the grade of captain by a Special Selection Board for the Calendar
Year 1998A Central Captain Board.
JOE G.
LINEBERGER
Director
Air Force
Review Boards Agency
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