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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