RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03645
            INDEX NUMBER:  131.05
            COUNSEL:  NONE

            HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Date of Rank (DOR) to the grade of Major be corrected to 9 October
1996.

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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.

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STATEMENT OF FACTS:

Applicant was appointed a 1st Lieutenant, Reserve of  the  Air  Force,
Biomedical Service Corp (BSC), on 15  May  87.   He  entered  extended
active duty (EAD) on 1 Oct 87, and was progressively promoted  to  the
grade of captain on 26 Aug 88.  He was  integrated  into  the  Regular
component on 8 Mar 91 in the grade of captain.  On  2 Aug 92,  he  was
honorably discharged to enter the  Uniformed  Services  University  of
Health Sciences (USUHS).   On  3  Aug  92,  he  was  appointed  a  2nd
Lieutenant, Reserve of the Air Force, Medical Service Corp (MSC).   He
was a student at USUHS from 3 Aug 92 to 17 May 96.

On 17 May 96, he was honorably discharged  to  accept  a  Regular  Air
Force appointment.  On 18 May 96, he was appointed a captain,  Regular
Air Force, MSC, and entered active duty with a current grade  date  of
rank (CGDOR) to the grade of captain of 9 Oct 90.

He was considered and selected for promotion to the grade of major  by
the CY96 Medical  Corps/Dental  Corps  (MC/DC)  Major  Board.   He  is
currently serving on active duty in the grade of major, with a date of
rank of 23 May 1997.  He has a projected promotion  to  the  grade  of
lieutenant colonel.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPOO reviewed this application and recommended denial.  They
indicate that the applicant met the CY96  Medical  Corps/Dental  Corps
(MC/DC) Major Board, which was convened on 12 November 1996,  and  was
the first board scheduled after his entry on active duty.   The  board
results were approved on 13 Jan 97 and the Senate confirmed  the  list
on 23 May 97.  Medical and Dental Corps boards are held the same  time
every year.  In accordance  with  DOD  Dir.  1320.7,  para  4a,  MC/DC
officers are promoted on their six year anniversary of  their  current
grade date of rank (CGDOR) or date of Senate  confirmation,  whichever
is later.

They further state  that  applicant  believes  his  circumstances  are
unique and unusual.  However, it  is  not  uncommon  for  officers  in
nonline competitive categories to come on active  duty  with  a  large
amount of constructive service credit.   Unfortunately,  they  do  not
have enough time to come on in the higher grade and they must meet the
first board  scheduled  for  their  competitive  category  as  in  the
applicant’s case.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated  his  original  contentions  that  it  seems  the
effective date of promotion should be when  the  Senate  confirms  the
board but the actual date of rank (DOR) should be corrected to  follow
the intent of the regulation, which is to promote the officer on their
six-year anniversary.

He further states that he believes his situation  is  unique  and  the
fact that 53 other officers had similar situations (lost time in grade
and pay) does not mean that nothing should be done.  He says, if  this
is the typical situation, there is even more argument  that  something
should be done.

Applicant’s complete response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

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

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  Applicant’s contentions that his
date of rank (DOR) to the grade of  major  should  be  adjusted  to  9
October 1996, his  six-year  anniversary  of  his  current  grade  DOR
(CGDOR), rather than 23 May 1997, the date of Senate  confirmation  of
the promotion list, are duly noted.  However, we  do  not  find  these
uncorroborated  arguments,  in   and   of   themselves,   sufficiently
persuasive to override the rationale expressed by the Air Force.   The
applicant met and was selected for promotion by the CY96 Medical Corps
Board on 12 November 1996, which was the first board  scheduled  after
his 18 May 1996 entry on active duty.  The board results were approved
on 13 January 1997 and the Senate confirmed the list on  23 May  1997.
The governing instruction provides  that  Medical  Corps/Dental  Corps
(MC/DC) officers are promoted on their six-year anniversary  of  their
CGDOR or date of Senate confirmation,  whichever  is  later  (emphasis
added).  After careful review of the evidence provided,  we  found  no
evidence showing that the applicant’s established DOR was contrary  to
the governing instruction and policy in effect at the time or that  he
was treated differently  than  others  who  were  similarly  situated.
Therefore, we agree with the opinion and  recommendation  of  the  Air
Force  office  of  primary  responsibility  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain his burden of having suffered either an error or injustice.
 Therefore, in the absence of persuasive evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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.

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The following members of the Board considered this application  AFBCMR
Docket Number 01-03645 in Executive Session on 8 May 2002,  under  the
provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Clarence D. Long III, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPOO, dated 1 Mar 02.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 02, w/atchs.
    Exhibit E.  Letter, Applicant’s Response, undated




                                   DOROTHY P. LOEB
                                   Acting Panel Chair