RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00847
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was appointed into the Air
Force Reserve in the grade of lieutenant colonel (0-5).

By amendment,  a  promotion  order  be  issued  based  on  his  Senate
confirmation for promotion to the grade  of  commander  (0-5),  United
States Naval Reserve, and his  securing  a  valid  lieutenant  colonel
position.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his appointment in the Air Force Reserve, his rank  was
based on his equivalent rank while on active duty with the Navy.   The
Navy has now corrected his record to reflect that, at the time of  his
separation from the Navy and appointment in the Air Force Reserve,  he
had been selected for promotion to 0-5.  He is requesting that his Air
Force appointment order and/or appropriate  records  be  corrected  to
reflect that, at the time of his appointment to the Air Force Reserve,
he had been selected to the equivalent rank of lieutenant colonel.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, his Complaint of Wrongs under Article 138, Uniform Code  of
Military  Justice  (UCMJ),  along  with  all  endorsements  and  final
adjudication by the Office of the Assistant  Secretary  of  the  Navy,
correspondence concerning his request for and results of  the  Special
Selection Board, and other documents associated with the matter  under
review.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving in the Air  Force  Reserve  in
the grade of major, having been promoted to that grade on  1  Aug  95.
His Total Years Service Date (TYSD)  and  Total  Federal  Commissioned
Service Date (TFCSD) is 17 May 85.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommended denial.  AFPC/DPA noted that, on  22 May 00,  the
Reserve  Appointment  Programs  Branch,   ARPC/DPABA,   received   the
applicant’s  Air  Force  Reserve  commissioning  application   package
requesting an interservice  transfer  from  the  United  States  Naval
Reserve to the Air  Force  Reserve.   Prior  to  DPABA  receiving  the
applicant’s commissioning application package, a “Complaint of Wrongs”
with the Navy was filed under Article 138,  UCMJ,  requesting  that  a
“Special Fitness Report” be removed from the  applicant’s  record  and
promotion to commander (USN 0-5) be reevaluated.  As a result  of  the
Navy’s decision, the applicant requested and  was  granted  a  Special
Selection Board in accordance with (IAW) SECNAV  Instruction  1401.lB.
The Bureau of Naval Personnel convened this Board on 7 Sep 00.   On  3
Jan 01, the Senate confirmed the applicant's nomination to the rank of
commander.   In  accordance  with  SECNAV  Instruction  1401.lB,   the
selection would be retroactive and the date of  rank  (DOR)  would  be
assigned as if applicant had been selected by  the  Fiscal  Year  2000
(FY00) Selection Board.  The DOR was established as 1 Sep 00, per  the
Department of The Navy,  Special  Promotion  Selection  Board  letter,
dated 11 May 01

According to DPA, on 26 May 00, the applicant was appointed  into  the
Air Force Reserve as a major IAW Air Force Instruction (AFI)  36-2005,
Appointment in Commissioned Grades and Designation and  Assignment  in
Professional Categories - Reserve of the Air Force and  United  States
Air Force, Table 2.3, “Appointment Grade and Computation of TYSD, Date
of Rank (DOR), &  Total  Federal  Commissioned  Service  Date  TFCSD,”
Rule 8, which  states, “If the individual is an officer of  a  Reserve
component of another uniformed service (except PHS)  and  interservice
transfers to a  Reserve  component  of  the  Air  Force  in  the  same
competitive category, then appointment in the grade held in the parent
service.  Compute the TYSD by backdating the date  of  appointment  by
the total amount of service credit awarded according  to  AFI  36-2604
and this instruction.  The DOR is the DOR held in the  parent  service
adjusted for any periods of inactive status.  The TFCSD is the same as
that held in the parent service.  The TYSD and DOR must not place  the
officer beyond mandatory phase points for promotion to the next higher
Reserve grade.”  The applicant’s appointment to the Air Force  Reserve
as a major (26 May 00) was prior to the effective date of promotion to
the grade of commander in the US Naval Reserve (1 Sep 00).

A complete copy of the ARPC/DPA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating that ARPC appointed him based on his permanent rank  on  26
May 00; however, there is no prohibition  from  issuing  a  subsequent
promotion order  based  on  his  Senate  confirmation.   His  original
request was  to  correct  his  appointment  order  and/or  appropriate
records.  If ARPC is unable to change his appointment order due  to  a
date of rank later than his date of appointment, he requests that ARPC
issue a promotion order based  on  his  Senate  confirmation  and  his
securing a valid lieutenant colonel position.

Applicant’s complete response and additional documentary evidence  are
at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the  Board’s  staff  request,  the  ARPC/DPA  provided  an
additional advisory and indicated that  the  applicant  is  unable  to
carry his promotion to commander from the United States Naval  Reserve
to the Air Force Reserve as a lieutenant colonel.  His appointment  in
the Air Force Reserve was prior to his promotion in the United  States
Naval Reserve.  In their view, the most appropriate way to correct the
applicant’s records if the Board decides to grant relief is to:

      a.  Authorize the applicant to apply for reinstatement into  the
United States Naval Reserve with no  break  in  service,  voiding  the
naval discharge.

       b.  Rescind  the  applicant’s  Air  Force  Reserve  commission.
Rescind the applicant’s Air Force Reserve appointment order.

      c.  Recoup any pay and compensation given to the applicant while
in the Air Force Reserve.

      d.  Authorize interservice transfer to  the  Air  Force  Reserve
from the United States Naval Reserve, effective 3  Sep  00,  with  the
rank of lieutenant colonel.

A complete copy of the ARPC/DPA evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant provided a response to the additional advisory  opinion  and
indicated that the entire case is due to the improper actions  of  one
superior officer and the lengthy administrative  process  required  to
investigate and correct the effects of this injustice.  In  his  view,
ARPC seeks to further penalize him for something over which he had  no
control.

Applicant’s complete  response  and  additional  documentary  evidence
(letter from his squadron commander) are attached at Exhibit H.

Subsequent to the applicant’s response, his wing commander provided  a
statement in support of his appeal, which is attached at Exhibit I.

_________________________________________________________________

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 injustice.  The  evidence  of  record  indicates
that the applicant was a lieutenant commander (0-4) on active duty  in
the United States Navy who resigned his commission, was transferred to
the United States Naval Reserve, and was ultimately appointed a  major
(0-4) in the Air Force Reserve on 26 May 00.  Prior to his appointment
in the Air Force Reserve, the applicant filed a  Complaint  of  Wrongs
under Article 138, Uniform Code of Military Justice (UCMJ),  regarding
a fitness report.  The Deputy Assistant Secretary of  the  Navy  found
the fitness report was unjustified and he was  granted  an  SSB.   The
applicant was subsequently selected for promotion to the grade of  0-5
by the SSB as though he had been selected by the selection board while
he was on active duty, with an effective date of 1 Sep 00,  which  was
confirmed  by  the  Senate  on  3  Jan  01.   Since  the   applicant’s
appointment into the Air Force Reserve was prior to the effective date
of this promotion to the grade of 0-5, we  do  not  believe  that  his
records should be corrected to show that he was appointed in  the  Air
Force Reserve in the grade of lieutenant colonel.  Nevertheless, after
a thorough review of the facts and circumstances of this case, we  are
of the opinion that it is in the  interest  of  justice  to  have  the
applicant’s records corrected to reflect that he was promoted  to  the
Reserve grade of lieutenant colonel (0-5), with an effective date of 1
Sep 00.  We believe the most appropriate way to accomplish this is  to
show that he was selected  for  promotion  to  the  Reserve  grade  of
lieutenant colonel by a position  vacancy  promotion  board.   In  our
view, the applicant has earned the promotion to 0-5 and should not  be
denied  assuming  this  rank  because  of   his   unusual   situation.
Furthermore, the applicant fully has the support of his superiors.  In
view foregoing, we recommend that the applicant’s records be corrected
as set forth 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 was  selected  for
promotion to the Reserve grade of lieutenant  colonel  by  the  Fiscal
Year 2001 (FY01) Reserve of the Air Force Line and Health  Professions
Lieutenant Colonel Position Vacancy Promotion Selection  Board,  which
convened in June 2000, with an effective date and date of  rank  (DOR)
of 1 Sep 00.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 Aug 01 and 10 Jan 02, under the  provisions  of
AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Ms. Melinda J. Loftin, Member
      Mr. Dale O. Jackson, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 20 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPA, dated 25 May 01.
     Exhibit D.  Letter, SAF/MIBR, dated 15 Jun 01.
     Exhibit E.  Letter, applicant, dated 19 Jun 01, w/atch.
     Exhibit F.  Letter, ARPC/DPA, dated 13 Nov 01.
     Exhibit G.  Letter, SAF/MRBR, dated 15 Nov 01.
     Exhibit H.  Letter, applicant, dated 5 Dec 01, w/atch.
     Exhibit I.  Letter, in applicant’s behalf, dated 15 Dec 01.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair










AFBCMR 01-00847




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 he was selected for
promotion to the Reserve grade of lieutenant colonel by the Fiscal
Year 2001 (FY01) Reserve of the Air Force Line and Health Professions
Lieutenant Colonel Position Vacancy Promotion Selection Board, which
convened on 19 June 2000, with an effective date and date of rank
(DOR) of 1 Sep 00.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency