Search Decisions

Decision Text

AF | BCMR | CY2002 | 0201257
Original file (0201257.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-01257
            INDEX CODE 131.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her time spent completing her degree on the Educational Delay  Program
(EDP) be recalculated to provide 100% credit so that her date of  rank
(DOR) to second lieutenant (2LT) would be 9 Jun 00, rather than 12 Feb
01.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She completed her degree on the EDP early and,  instead  of  receiving
100% credit for the 24 months toward time in grade (TIG), she is being
penalized for her diligence and effort with a  50%  reduction  in  her
TIG. Therefore, she will be required to wait an additional 8 months 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. Because  EDP  students  are  maintained  as
Reservists, their status differs from other new accessions.  Precedent
already exists for the correction she requests.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned on 9 Jun 00 and entered active duty  on
15 Oct 01 as a second lieutenant.  She spent 1 year, 4  months  and  6
days in the EDP and received 8 months and 3 days total service credit.
Her DOR to 2LT is 12 Feb 01.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO advised  that,  in  accordance  with  AFI  36-2604,  the
applicant was given 50% credit from the date she was  commissioned  to
the day she entered active  duty.  Had  she  taken  over  2  years  to
complete her degree, she would have been promoted at the 20-year point
from the date of her commission. Based on  governing  directives,  her
DOR was computed correctly and her request should be denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  acknowledges  that  her  DOR  was  computed  correctly
according to the current  directive,  wherein  the  problem  lies.  An
inequity exists between Air Reserve Personnel Center  (ARPC)  and  Air
Force Personnel Center (AFPC) in the  DOR/promotion  guidelines  which
creates an injustice for a select few  officers  like  herself.   This
injustice affects her salary by thousands  of  dollars  per  promotion
because each promotion happens 1 year later than  it  otherwise  would
have occurred. She cites another applicant  in  similar  circumstances
who received  relief  from  the  Board.  Unless  this  “hole”  in  the
regulations is remedied between AFPC and ARPC, adjusting records on  a
case-by-case basis is the best way to make things right.

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   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 she is being penalized  for  completing  her  education
program earlier than 24 months. We find it  troubling  that,  had  the
applicant taken the full 24 months to complete her program, she  would
have entered active duty as a second lieutenant with a DOR  of  9  Jun
00, rather than 12 Feb 01, and can be promoted to first lieutenant  at
a much earlier date.  The Board finds it plausible that the  applicant
believed she would receive full credit for 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 her date of  rank  to
the Reserve grade of second lieutenant is 9 Jun 00, and that  she  was
promoted to the Reserve grade of first lieutenant effective and with a
date of rank of 9 Jun 02.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 September 2002, under the provisions of AFI 36-
2603:

                  Mr. Charles E. Bennett, 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  02-01257  was
considered:

   Exhibit A.  DD Form 149, dated 10 Apr 02, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 31 May 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 14 Jun 02.




                                   CHARLES E. BENNETT
                                   Panel Chair



AFBCMR 02-01257




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 her date of
rank to the Reserve grade of second lieutenant is 9 Jun 00, and that
she was promoted to the Reserve grade of first lieutenant effective
and with a date of rank of 9 Jun 02.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2004 | BC-2002-02438

    Original file (BC-2002-02438.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-02438 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His time spent completing his degree on the Educational Delay Program (EDP) be recalculated to provide 100% credit so that his date of rank (DOR) to second lieutenant would be 14 Dec 99, rather than 22 Sep 00. We find it troubling that, had the applicant...

  • AF | BCMR | CY2003 | BC-2002-02438

    Original file (BC-2002-02438.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-02438 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His time spent completing his degree on the Educational Delay Program (EDP) be recalculated to provide 100% credit so that his date of rank (DOR) to second lieutenant would be 14 Dec 99, rather than 22 Sep 00. We find it troubling that, had the applicant...

  • AF | BCMR | CY2003 | BC-2002-02496

    Original file (BC-2002-02496.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-02496 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His time spent completing his degree on the Educational Delay Program (EDP) be recalculated to provide 100% credit so that his date of rank (DOR) to second lieutenant (2LT) would be 1 July 2000, rather than 6 January 2001. We find it troubling that, had...

  • AF | BCMR | CY2002 | BC-2002-03502

    Original file (BC-2002-03502.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Superintendent, Line Officer Procurement Branch, HQ AFPC/DPPAO, reviewed the appeal and provided his rationale for recommending denial. 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 1 October 1998, rather than 3 February 1999, and been promoted to first lieutenant at a much earlier...

  • AF | BCMR | CY2002 | BC-2002-03417

    Original file (BC-2002-03417.doc) Auto-classification: Approved

    A complete copy of the Air Force evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant exposes what he feels is an apparent inconsistency between AFPC and ARPC guidelines that both deal with promotions and dates of rank of personnel participating in the Education Delay Program. The applicant argues that that same member who completes his education early and transfers to active...

  • AF | BCMR | CY2002 | 0200705

    Original file (0200705.doc) Auto-classification: Approved

    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. 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...

  • AF | BCMR | CY2003 | BC-2002-03416

    Original file (BC-2002-03416.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03416 INDEX CODE: 131.05 XXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXX 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 in the Educational Delay Program (EDP). ...

  • AF | BCMR | CY2002 | BC-2002-03157

    Original file (BC-2002-03157.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03157 INDEX CODE: APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) be recalculated to provide one hundred (100) percent credit for the months spent completing his degree on the Educational Delay Program (EDP). A complete copy of the Air Force evaluation, with attachments,...

  • AF | BCMR | CY2003 | BC-2002-03157

    Original file (BC-2002-03157.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03157 INDEX CODE: APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) be recalculated to provide one hundred (100) percent credit for the months spent completing his degree on the Educational Delay Program (EDP). A complete copy of the Air Force evaluation, with attachments,...

  • AF | BCMR | CY2004 | BC-1994-03576-2

    Original file (BC-1994-03576-2.doc) Auto-classification: Approved

    For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit G. In an application, dated 1 October 2003, the applicant requests reconsideration of his request and provides a copy of the Record of Proceedings of an AFBCMR case in which similar relief was granted. We find it troubling that, had the applicant taken the full 24 months to complete his program, he would have entered...