RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01074
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________


APPLICANT REQUESTS THAT:

His date of rank (DOR) to second lieutenant (2Lt)  be  recalculated
to provide 100% credit for  the  months  he  spent  completing  his
degree in the Air Force Institute of Technology (AFIT)  Educational
Delay Program (EDP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His DOR to 2Lt should be changed from 9  March  2000  to  30  April
1999, his original date  of  commissioning.   Current  instructions
reward those who use the full allowance of  time  for  an  advanced
degree and punish those with initiative who  endeavor  to  complete
the program early.  Because he was given incorrect  information  by
the EDP manager indicating that all  time  in  school  would  count
toward rank on active duty, he completed his Masters Degree  in  18
months, rather than the two years allowed.  As  a  result,  he  has
been penalized 11 months in his current  DOR.   He  asks  that  the
Board reexamine the current instructions to determine the need  for
an update and asks that a mechanism be  put  in  place  to  provide
better training and communication for students entering the EDP.

His complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned on 30 April 1999, and entered active
duty on 18 January 2001, as a  2Lt.   He  received  10  months  and
9 days of total service credit for the  period  30  April  1999  to
17 January 2001, and was given a DOR of 9 March 2000.

___________________________________________________________________

AIR FORCE EVALUATION:

The Superintendent, Line Officer Procurement Branch, HQ AFPC/DPPAO,
reviewed the appeal and provided  his  rationale  for  recommending
denial.

A complete copy of the Air Force evaluation, with  attachments,  is
at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant does not dispute that his DOR was computed  correctly
in accordance with AFI 36-2604.  However, he believes  the  current
instruction creates a  situation  where  a  select  number  of  EDP
students who complete their degrees in  less  than  two  years  are
unfairly punished for their initiative.  He does not  question  the
competency of the calculations, nor AFPC’s  integrity  in  applying
them, but  the  fairness  of  the  instructions  themselves.   This
unfairness results from an inequity in the regulations used by AFPC
and ARPC.  If an officer serves two years in the Reserve  (like  in
Education Delay), he or she is promoted to first lieutenant  (1Lt).
If an officer serves two  years  on  active  duty,  he  or  she  is
promoted to 1Lt.  However, if an officer serves 1 year,  11  months
and 30 days in the Reserve and then comes on active duty, he or she
is not promoted for another year.  Not only does the officer lose a
year  of  rank  affecting  all  future  promotions,  but  also  the
associated base pay and other benefits.

He believes that the final solution to  the  problem  can  only  be
found in a permanent change in the current instructions.   However,
he is aware that the  Board  has  considered  and  granted  similar
requests from students in the EDP.

The applicant’s complete response is at Exhibit E.

___________________________________________________________________

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 warranting correction.
 Notwithstanding the fact that the applicant’s plight was caused by
the correct application of current policy, the  Board  agrees  with
the applicant  that  he  is  being  penalized  for  completing  his
education program earlier than the 24 months allotted.  We find  it
troubling that, had the applicant  taken  the  full  24  months  to
complete his program, he would have entered active duty as a second
lieutenant with a DOR of 30 April 1999, rather than 9  March  2000,
and been promoted to first lieutenant at a much earlier date.   The
Board finds it plausible  that  the  applicant  believed  he  would
receive full credit for the time spent in school.  In our  opinion,
requiring the applicant to wait the additional time to be  promoted
to first lieutenant would constitute an injustice.   Therefore,  we
recommend that the record 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 date  of  rank
to the Reserve grade of second lieutenant is  30  April  1999,  and
that he was promoted to  the  Reserve  grade  of  first  lieutenant
effective and with a date of rank of 30 April 2001.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 18  October  2001,  under  the  provisions  of
AFI 36-2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Mr. William H. Anderson, Member
                  Mr. Edward H. Parker, Member

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

     Exhibit A.  DD Form 149, dated 6 April 2001, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAO, dated 8 May 2001, w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 18 May 2001.
     Exhibit E.  Letter, Applicant, dated 8 June 2001.




                                   TERRY A. YONKERS
                                   Panel Chair


AFBCMR 01-01074




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 date of rank to
the Reserve grade of second lieutenant is 30 April 1999, and that
he was promoted to the Reserve grade of first lieutenant effective
and with a date of rank of 30 April 2001.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency