RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00705
INDEX CODE 102.08
COUNSEL: No
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) to second lieutenant be recalculated to provide
100% credit for the months he spent completing his degree on the
Educational Delay Program (EDP), giving him a DOR of 20 May 00 rather
than 2 Dec 00.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed his degree on the EDP early and, instead of receiving
100% credit for the 24 months toward time in grade (TIG), he is being
penalized for his diligence and effort with a 50% reduction in his
TIG. Therefore, he will be required to wait an additional year to
receive the next higher rank. This is not an uncommon injustice done
to any EDP student who completes a graduate degree and comes on active
duty in less than 2 years. The injustice occurs in a student's
transition from being governed by Air Reserve Personnel Center (ARPC)
regulations to Air Force Personnel Center (AFPC) regulations.
Specifically, there is an inequity in how each organization computes
an individual's current grade DOR and handles promotions for those
individuals in the EDP.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was commissioned on 20 May 00 and entered active duty on
15 Jun 01 as a second lieutenant. He received 6 months and 13 days
total service credit for the period 20 May 00 to 14 Jun 01 and given a
DOR of 2 Dec 00.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAO reviewed the appeal and provided their rationale for
recommending denial.
A complete copy of the evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant concurs that, according to the current Air Force
Instruction, his DOR was indeed computed correctly. He is not
disputing that fact or pointing a finger of blame at either AFPC or
ARPC. His goal rather is simply to bring to light an inequity between
the AFPC and ARPC DOR/promotion guidelines that creates an injustice
for a select few officers. The justification for his submission is: A
second lieutenant on active duty for 2 years is promoted to first
lieutenant. An officer on EDP as a member of the Reserves for 2 years
is promoted to first lieutenant. However, if that same officer is
called to active duty at 1 year, 11 months and 31 days, he remains a
second lieutenant and loses an entire year towards the promotion to
first lieutenant. This may not be such a big issue for those officers
who plan on getting out after their initial commitment is up. However,
for those planning on making a career in the Air Force, this injustice
reverberates through the years by affecting pay by thousands of
dollars per promotion.
The applicant's complete submission 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
correct application of current policy, the Board agrees with the
applicant that he is being penalized for completing his education
program earlier than 24 months. 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 20 May
00, rather than 2 Dec 00, and been promoted to first lieutenant at a
much earlier date. 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 20 May 00, rather than 2 Dec
00.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 23 April 2002, 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 pertaining to AFBCMR 02-00705 was
considered:
Exhibit A. DD Form 149, dated 25 Feb 02, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAO, dated 12 Mar 02, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 22 Mar 02.
Exhibit E. Letter, Applicant, dated 17 Mar 02.
TERRY A. YONKERS
Panel Chair
AFBCMR 02-00705
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 20 May 2000, rather than
2 December 2000.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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