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
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