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AF | BCMR | CY2002 | 0201723
Original file (0201723.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01723
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to captain be adjusted from 24 April 2002 to  3
March 2002.

_________________________________________________________________

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.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPOO states applicant entered active duty on 7  September  2001
as a first lieutenant with a date of rank of 3 March 2000.   Based  on
the amount of constructive  service  credit  he  received,  he  became
immediately eligible for promotion to captain.

Based on the applicant’s EAD date, the  first  captain  board  he  was
eligible to meet was the CY02A Captain (MSC) Central Selection  Board,
which on 19 February 2002.

In accordance with  AFI  36-2501,  Officer  Promotions  and  Selective
Continuation, Attachment 2, paragraph 2.2, first  lieutenants  on  the
Active Duty List selected for promotion to the  captain  are  promoted
after completing 24-months time-in-grade computed from their DOR as  a
first lieutenant,  or  upon  Assistant  Secretary  of  Defense  (Force
Management Policy) approval of the  captain  selection  board  report,
whichever is later.  Applicant’s 2-year anniversary was 3  March  2002
and the board results were approved on 24 April 2002.  Therefore,  the
applicant’s date of rank      24 April 2002 is correct.

The date of rank of an officer who holds a grade as of the result of a
promotion is the date of his appointment to that grade.   Appointments
in the grade of first lieutenant or  captain  shall  be  made  by  the
President, which has been delegated to ASD (FMP) per  OSD  Memorandum.
Therefore, they recommend denial of applicant’s request.  They further
state that the establishment of applicant’s DOR is consistent with  AF
Instruction and Law.  There are no provisions in law what would enable
the Air Force to backdate the DOR of officers prior to approval  of  a
promotion list.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 August 2002, a complete copy of  the  Air  Force  evaluation  was
forwarded to the applicant for review and response within 30 days.  As
of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

 2. The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Staff
and adopt their rationale as the basis for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application  on  24
September 2002, under the provisions of AFI 36-2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Mr. Albert J. Starnes, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 May 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPOO, dated 31 Jul 02.
   Exhibit D.  Letter, AFBCMR, dated 9 Aug 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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