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AF | BCMR | CY1999 | 9801900
Original file (9801900.doc) Auto-classification: Approved



                       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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