RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02026
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR)  to  the  grade  of  lieutenant  colonel  be
changed from 13 Oct 99 to 15 Sep 99.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Because of an administrative  error,  he  will  be  ineligible  for
promotion consideration by the Fiscal Year  03  Air  Force  Reserve
Line and Nonline Colonel Selection Board.

In support of his appeal, the applicant submitted  a  copy  of  his
accelerated promotion request dated 3 Sep 99 (Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the applicant’s master personnel  record
reflects Duty Effective Date as 10 Oct 99; Primary/Duty  Air  Force
Specialty Code (P/DAFSC) as 62E4, Duty Position Number as  0033281,
and Duty Position Grade is 05.

Other 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:

HQ ARPC/DPB reviewed the application and recommended denial.   They
gave the following analysis of the case:

      a.  The applicant was selected for promotion to the grade  of
lieutenant  colonel  by  the  FY00  Line  and  Health   Professions
Lieutenant Colonel Selection Board in Jun 99.   His  commander  and
senior rater recommended accelerating his promotion with a date  of
rank (DOR) and effective date of 13 Oct 99.

       b.  The  letter  recommending  the   accelerated   promotion
requested a DOR of 15 Sep 99.  The recommendation  for  accelerated
promotion was based on the applicant demonstrating the  ability  to
perform in the grade of lieutenant colonel, and that  the  position
the applicant  occupied  was  a  valid  vacancy  in  the  grade  of
lieutenant colonel.

      c.  According to data available in both MILPDS and the legacy
personnel data system, the applicant did not  occupy  the  position
until 10 Oct 99.  Based on HQ ARPC’s information, they received the
request about a month before the applicant  actually  occupied  the
position.  Title 10 U.S.C. Section 14308 (e) states an officer on a
select list may be promoted at any time to fill  a  valid  vacancy.
AFI 36-2504, Officer Promotion, Continuation  and  Selective  Early
Removal in the Reserve of the Air Force, paragraph 6.5,  implements
the policy.  The position occupied by the officer must be a  higher
graded position at the time of the request for  acceleration.   The
did not occupy the position at the time of the request.  He did not
occupy the higher graded position until 10 Oct 99, so  he  was  not
eligible to receive the accelerated promotion until  that  date  or
later.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He states that he has been assigned to a Lt Col’s slot  since  June
97, but HQ ARPC never generated an assignment order.  His reporting
official and assignment have been the same since Jun 97  until  the
present.  He was approved  for  accelerated  promotion  to  Lt  Col
effective 15 Sep 99.  The  request  was  made  in  accordance  with
AFI 36-2504,  which  states,  “the  officer  must  occupy,  or   be
reassigned  to,  the  position  at  the   time   of   request   for
acceleration.”  His request was dated 3 Sep  99,  and  specifically
stated, “…this officer … has been assigned to a Lt Col position.”

He further states that HQ ARPC had no assignment order  documenting
the 0-5 slot that he was assigned to since 1997.  Failing  to  find
supportive documentation for the slot, they issued an  order,  with
training not earlier than 10 Oct 99; therefore, his  date  of  rank
became 13 Oct 99.  Unfortunately,  the  error  was  not  discovered
until Jun 02 when the promotion board began.  The cut-off date  for
the promotion was 30 Sep 99, 13 days after the cut-off,  which  has
resulted in a one year delay for meeting the  eligibility  criteria
for the 0-6 promotion board.

HQ ARPC maintains that his  accelerated  promotion  is  unsupported
because he was not serving in an  0-5  slot  at  the  time  of  the
request (3 Sep 99).  In fact, they failed to generate an assignment
order indicating the correct 0-5 slot assignment in 1997.   Without
supportive documentation in hand, HQ ARPC “fixed”  the  problem  by
executing an assignment  order,  with  training  not  earlier  than
10 Oct 99, but they have no  background  documentation  to  support
issuing the assignment order as the definitive order to assign  the
DOR.  HQ ARPC makes every effort to ensure the most accurate, up-to-
date information on its members.  Inadvertently, either by  mistake
or through misinformation, they made an error in this case.

In addition to the support of  his  appeal,  applicant  provided  a
letter from his supervisor.

Applicant’s complete responses, with attachments, are 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  a  correction  of
applicant’s date of rank (DOR) and consideration for  promotion  to
the Reserve grade of colonel by a Special Review Board  (SRB).   In
this regard, we noted the supporting  statement  submitted  by  the
applicant’s supervisor during the period in  question,  who  stated
that the applicant had been assigned  to  an  O-5  slot,  effective
5 June 1997,  while  he  was  a  major,  and  that  he  has  served
continuously in an O-5 slot to  the  present  time.   For  whatever
reason, it appears that orders were never  issued  reassigning  the
applicant to the O-5 slot.  Nevertheless, in view of the  statement
provided by his supervisor, we are persuaded that he was  occupying
a valid vacancy at the time that his  commander  and  senior  rater
recommended him for an accelerated promotion.  Therefore, to remove
any possibility of an injustice to the applicant,  we  believe  his
records should be corrected to show that he  was  promoted  to  the
Reserve grade of lieutenant colonel effective  15  September  1999.
We further recommend that he be considered  for  promotion  to  the
grade of colonel by a Special Review Board for the  FY03  Line  and
Nonline Colonel Selection Board.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that he was promoted to
the Reserve grade of lieutenant colonel with a  date  of  rank  and
effective date of 15 September 1999 rather than 13 October 1999.

It is further recommended that he be considered for promotion by  a
Special Review Board (SRB) and that  his  record  be  evaluated  in
comparison with the records of  officers  who  were  and  were  not
selected by the FY03 Line  and  Nonline  Colonel  Selection  Board,
which convened in October 2002; if he is recommended for  promotion
by a Special Review Board, the Air Force Board  for  Correction  of
Military Records be advised of that recommendation at the  earliest
practicable date, so that all necessary and appropriate actions may
be completed.

If he is not recommended for promotion by the Special Review Board,
the  office  of  primary   responsibility   advise   him   of   the
recommendation of the Special Review Board.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
02-02026  in  Executive  Session  on  24 October 2002,  under   the
provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Carolyn B. Willis, Member
                 Ms. Cheryl Dare, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 Jun 02, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 23 Jul 02, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.
     Exhibit E.  Letters, Applicant, dated 12 Sep 02 and 22 Sep 02,
                 w/atchs; letter from Applicant’s former
                 supervisor, dated 12 Sep 02.





                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR 02-02026




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 APPLICANT be corrected to show that he was promoted
to the Reserve grade of lieutenant colonel with a date of rank and
effective date of 15 September 1999 rather than 13 October 1999.

      It is further directed that he be considered for promotion by a
Special Selection Board (SSB) and that his record be evaluated in
comparison with the records of officers who were and were not selected
by the FY03 Line and Nonline Colonel Selection Board, which convened
in October 2002; if he is recommended for promotion by a Special
Selection Board, the Air Force Board for Correction of Military
Records be advised of that recommendation at the earliest practicable
date, so that all necessary and appropriate actions may be completed.

      If he is not recommended for promotion by the Special Selection
Board, the office of primary responsibility advise him of the
recommendation of the Special Selection Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency