RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01967
INDEX CODE 113.04
XXXXXXXXX COUNSEL: No
XXXXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of captain effective 1 Jun 00 or
retroactive to his original effective date of 29 Dec 99.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letters prepared by
the appropriate offices of the Air Force. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Officer Promotion Management, HQ AFPC/DPPPOO, reviewed the
appeal and provided his rationale for recommending that the applicant
be promoted to the grade of captain but effective 1 Jun 00, rather
than on the original date of 29 Dec 99.
A complete copy of the Air Force evaluation is at Exhibit C.
The Chief, Reserve of the Air Force Selection Board Secretariat, HQ
ARPC/DPB, supports the active duty promotion with an effective and
date of rank of 1 Jun 00.
A complete copy of the Air Force evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the evaluations were forwarded to the applicant on
17 Nov 00 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 to warrant partial
relief. The applicant declined his promotion based on the rules and
policy in effect at that time. The new rules that were implemented on
1 Jun 00 were not retroactive and the rules governing withdrawal of
promotion declinations have not changed--officers receive a promotion
effective date equal to the date of their approved withdrawal.
Further, 1 Jun 00 is the earliest date a request to withdraw the
declination could have been approved and still fall under the new
rules allowing a member to pin-on and separate without incurring the
previous one-year active duty service commitment. Therefore, in order
to preclude a possible injustice, we agree with the Air Force’s
suggested partial relief and recommend the applicant's records be
corrected to the extent 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 he requested
withdrawal of his promotion declination statement, his request was
approved by competent authority on 1 Jun 00, and he was promoted to
the grade of captain effective and with a date of rank of 1 Jun 00.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 17 January 2001, under the provisions of AFI 36-
2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Carolyn J. Watkins, Member
Mr. John E. Pettit, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jul 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPOO, dated 15 Aug 00.
Exhibit D. Letter, HQ ARPC/DPB, dated 1 Nov 00.
Exhibit E. Letter, SAF/MIBR, dated 17 Nov 00.
TERRY A. YONKERS
Panel Chair
AFBCMR 00-01967
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 XXXXXXX be corrected to show that he requested
withdrawal of his promotion declination statement, his request was
approved by competent authority on 1 June 2000, and he was promoted to
the grade of captain effective and with a date of rank of 1 June 2000.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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