Search Decisions

Decision Text

AF | BCMR | CY1999 | 9900204
Original file (9900204.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00204
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) in the grade of captain be changed from  26 Dec
94 to 5 Jan 92.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A new Department of Defense (DOD) Directive. 6000.13, dated 30 Jun 97,
should be used to determine his DOR.  He was placed on active duty  on
30 Jun 97.  This would allow his DOR to be 5 Jan 92.

In support of his appeal, the applicant provided  copies  of  the  DOD
Directive and his extended active duty (EAD) order.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
captain, with a DOR of 26 Dec 94.  His Total Active  Federal  Military
Service Date (TAFMSD) is 17 Feb 91.

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Line  Officer  Procurement  Branch,  AFPC/DPPAOR,  reviewed  this
application and recommended denial.  DPPAOR noted that  the  applicant
has been a military officer since 1978.  He was a line officer in  the
Army Reserves from Jul 78 to May 97.  He transferred  (was  appointed)
into the Air Force Nurse Corps on 8 May 97.  His DOR  included  credit
for prior commissioned service as a line officer in the Army  Reserves
at 25 percent.

DPPAOR indicated that the applicant was appointed into the  Air  Force
Nurse Corps on 8 May 97.  However, the change in  the  application  of
constructive service credit was not effective until  30  Jun  97.   In
this case, the additional  credit  did  not  apply  to  the  applicant
because he was appointed prior to 30 Jun 97.

According to DPPAOR, they do not have the authority to override policy
established by the Department of Defense.  However, if the decision is
to grant the relief sought, the record should  be  corrected  to  show
that the applicant was  appointed  into  the  Air  Force  Nurse  Corps
effective 30 Jun 97.

A complete copy of the DPPAOR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 8 Mar
99 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit C).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of evidence that the
applicant’s DOR was erroneous, or that he was treated differently than
other individuals similarly situated, we find no compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 24 Aug 99, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Patrick R. Wheeler, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jan 99, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAOR, dated 19 Feb 99.
    Exhibit C.  Letter, SAF/MIBR, dated 8 Mar 99.




                                   RICHARD A. PETERSON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9801768

    Original file (9801768.doc) Auto-classification: Approved

    Computation of pay credit is not required.” She was recalled to extended active duty (EAD) from inactive Reserve status on 4 January 1998. _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Officer Verification Branch, HQ AFPC/DPPAOR, advises that, upon implementation of DOD Directive 1310.1 (Rank and Seniority of Commissioned Officers), effective 1 October 1996, all Reserve officers on the Reserve Active Status List in transition from the...

  • AF | BCMR | CY2005 | BC-2004-03305

    Original file (BC-2004-03305.doc) Auto-classification: Denied

    A complete copy of the evaluation, with attachments, is at Exhibit C. HQ AFPC/DPPPO provides an informational advisory without a recommendation, advising the applicant was considered but not selected by the CY93B major board. A complete copy of applicant’s response, with attachments, is at Exhibit G. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPPPO provides a technical advisory confirming the applicant’s DOR to captain was...

  • AF | BCMR | CY1999 | 9900735

    Original file (9900735.doc) Auto-classification: Approved

    On 6 Jun 95, he was given a specific order by the Operations Officer to disconnect a specific telephone (designated for data transmission) and to not use that line for telephone calls. On 26 Jul 95, the applicant received notification from his commander that he was not being recommended for promotion to the grade of master sergeant for cycle 95E7. AIR FORCE EVALUATION: The Enlisted Promotion and Military Testing Branch, AFPC/DPPPWB, reviewed this application and indicated that should the...

  • AF | BCMR | CY2005 | BC-2005-00349

    Original file (BC-2005-00349.doc) Auto-classification: Approved

    All officers selected for promotion by this board were promoted no earlier than this date, unless a request for accelerated promotion was received from the senior rater. The applicant provides another memo from the commander to the senior rater, also dated 20 Jul 04, requesting the applicant be given an accelerated promotion to major with a DOR of 15 Apr 04 (Exhibit A). The 2 Jun 04 DOR was not authorized because the FY04 board did not select the applicant.

  • AF | BCMR | CY1999 | 9302678A

    Original file (9302678A.DOC) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 93-02678 INDEX NUMBER: 111.01, 111.05 COUNSEL: GEORGE E. DAY HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The AFBCMR’s findings of 7 October 1996 ordering him to Extended Active Duty (EAD) and Undergraduate Pilot Training (UPT) be amended to include direction that his date of rank (DOR) to the grade of...

  • AF | BCMR | CY1999 | BC-1993-02678A

    Original file (BC-1993-02678A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 93-02678 INDEX NUMBER: 111.01, 111.05 COUNSEL: GEORGE E. DAY HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The AFBCMR’s findings of 7 October 1996 ordering him to Extended Active Duty (EAD) and Undergraduate Pilot Training (UPT) be amended to include direction that his date of rank (DOR) to the grade of...

  • AF | BCMR | CY1999 | 9802950

    Original file (9802950.doc) Auto-classification: Approved

    It is recommended that he be considered for promotion to the grade of major by Special Selection Board (SSB) for the CY86B and any subsequent boards for which the now-corrected date of rank to the grade of captain was a matter of record. TERRY A. YONKERS Panel Chair AFBCMR 98-02950 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...

  • AF | BCMR | CY2000 | 0001666

    Original file (0001666.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01666 INDEX CODE: 111.01, 126.03, 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Any mention of a Letter of Admonishment (LOA) for an alleged unprofessional relationship be removed from her records, including her officer performance report (OPR) closing 5 May 99. In JA’s view, relief should be...

  • AF | BCMR | CY2003 | BC-2003-00717

    Original file (BC-2003-00717.doc) Auto-classification: Approved

    DPPAOR’s evaluation is at Exhibit C. AFPC/DPPPO reviewed this application in order to determine the applicant’s promotion eligibility. Exhibit D. Letter, AFPC/DPPPO, dated 5 May 03. Exhibit E. Letter, SAF/MRBR, dated 16 May 03.

  • AF | BCMR | CY1998 | 9701594

    Original file (9701594.pdf) Auto-classification: Approved

    Air Force Regulation 36-89, Oct 77, stated eligibility criteria for promotion to captain as two years time in grade as a first lieutenant. A complete copy of the DPPPO evaluation is at Exhibit C. The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application and noted that the applicant was selected for promotion by the CY97A (3 Feb 97) lieutenant colonel selection board. Insufficient relevant evidence has been presented to demonstrate the existence of probable error or...