RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03195

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion to the grade of lieutenant colonel in the  Air  Force  Reserve
be transferred to the active duty roles,  or  in  the  alternative,  his  21
March 2002 recall to active duty, be changed to  a  three-year  active  duty
tour under the Limited Period Recall Program (LPRP).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Since he was on the Fiscal Year 2003  (FY03)  Air  Force  Reserve  Line  and
Health Professions Lieutenant Colonel  Select  List,  his  promotion  should
carry-over with his entry on active duty.

The applicant states that after serving 10 ½ years on active duty, he  chose
to separate under the Variable Separation Initiative (VSI)  program,  rather
than face a 95% Reduction-in-Force (RIF).  His promotion board to major  was
held two months following the cut-off date  for  his  decision  and  he  was
unable to meet that board.  He subsequently entered the  Air  Force  Reserve
as an active reservist in July 1994 and was promoted  to  major  in  January
1996.  In August 2001, he was approached by  a  representative  of  the  Air
Force Personnel Center (AFPC) and advised that members in his  status,  VSI,
were now being asked to return to active duty in light of the fact that  54%
of his Air Force Specialty Code (AFSC) (navigators) were eligible to  retire
within the next five years.  In view of this, he returned to active duty  on
21 March 2002, and  was  advised  that  he  would  still  meet  the  Reserve
promotion board in June 2002.   He  was  also  advised  that  his  Promotion
Recommendation Form (PRF) had gone forward to the board  with  a  definitely
promote  (DP)  recommendation.   After  being  notified  that  he  had  been
selected for promotion by the Reserve board, he was told that the  promotion
board results were basically invalid because his orders  that  returned  him
to active duty were worded in such a way as to negate any chance he had  for
a Reserve promotion, and he would have to be considered by  an  active  duty
promotion board.  Although he graduated from  training  as  a  Distinguished
Graduate, he now finds himself back on active duty with two  months  on  his
next Officer Performance Report (OPR), and to meet another board  would  not
only have a negative effect, but would be callous.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 August 2001, the applicant applied and was subsequently  selected  for
recall to  active  duty  under  the  permanent  Voluntary  Navigator  Recall
Program.

On 21 March 2002, he was voluntarily ordered to extended active  duty  (EAD)
for an indefinite period, in the grade of major, with a date of  rank  (DOR)
of 28 January 1996.  He incurred a two-year Active Duty  Service  Commitment
(ADSC) as a result of this EAD.

He was considered and selected for promotion  to  the  grade  of  lieutenant
colonel by the FY03 Air Force Reserve Lieutenant  Colonel  Selection  Board,
which  convened  on  24  June  2002.   However,  he  became  ineligible  for
consideration by Reserve promotion boards upon his entry into active duty.
_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPPO recommends the  application  be  denied.  AFPC/DPPPO  states,  in
part, that because the applicant was on the Active Duty List  prior  to  the
convening date of the FY03 Reserve Lt Col Board, he was not eligible  to  be
considered or promoted by a Reserve promotion board.   There  are  no  other
regulatory or legal provisions that can authorize  the  member  to  transfer
his promotion to active duty.  The transfer of a Reserve  promotion  to  the
Active Duty List is allowed when an officer of  the  Reserve  Active  Status
List (RASL) and on a promotion list as a result of selection  for  promotion
by a mandatory promotion board or a Special Selection Board (SSB)  and  who,
before being promoted, is placed on the Active Duty List of the  same  Armed
Forces and placed in the same competitive category.  The applicant  was  not
on a promotion list before being placed on the Active Duty  List.   However,
if the Board elects to grant relief over  their  objection,  they  recommend
the applicant be brought onto active duty under the  Limited  Period  Recall
Program (LPRP) for a period of three  years,  and  subsequently  ordered  to
extended active duty effective 4 September  2002,  the  date  the  President
approved the FY03 Reserve Lt Col Board.  This would allow the  applicant  to
accept the promotion  and  be  promoted  with  a  date  of  rank  (DOR)  and
effective date of 5 September 2002.

The AFPC/DPPPO evaluation is at Exhibit B.

AFPC/DPPAOO recommends the application be denied and states, in  part,  that
the applicant voluntarily applied  and  accepted  the  offer  to  return  to
active duty  under  the  Voluntary  Navigator  Recall  Program.   Under  the
program, selected  applicants  incur  an  initial  two-year  ADSC  plus  any
additional time incurred for training, are placed on the  Active  Duty  List
(ADL) meeting active duty promotion boards, and at the end of  the  two-year
ADSC they can elect to apply to return to the Air Force Reserves  or  remain
on active duty.   As  such,  the  applicant  forfeited  the  opportunity  to
continue to meet RASL program boards.  However,  if  the  Board  decides  to
grant him relief, they recommend his records be corrected to  show  that  he
was recalled under the LPRP for a period of two  years,  contingent  on  the
concurrence of his current commander.

The AFPC/DPPAOO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 6 December  2002  for  review  and  response  within  30  days.
However, as of this date, this office has received no response.

_________________________________________________________________

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.   In  this  respect,  we  note  that  the
applicant was selected for recall under the  permanent  Voluntary  Navigator
Recall Program and entered extended active duty on 21 March 2002 as a  major
with a date of rank (DOR) of 28 January 1996.  Based  upon  his  entry  into
active duty, he was not eligible  for  Reserve  Active  Status  List  (RASL)
promotion  consideration;  however,  he  was  erroneously   considered   for
promotion to the grade of lieutenant colonel by the FY03 Air  Force  Reserve
Lieutenant Colonel Selection  Board  that  convened  on  24 June  2002,  and
notified of his selection.  In view  of  this,  and  since  he  returned  to
active duty based on a shortage of navigators, we believe he  has  been  the
victim of an injustice.  Since he was not on a promotion list  before  being
placed on the Active Duty List, there are no provisions to transfer the  the
applicant’s promotion  as  requested.   However,  we  believe  our  proposed
recommendation will provide him with fair and equitable relief.   Therefore,
we recommend his records 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:

      a.    On 21 March 2002, he did not enter extended  active  duty  under
the permanent Voluntary Navigator Recall Program, but on that date,  he  was
ordered to active duty in accordance with  Title  10,  United  States  Code,
Section 12301(d), for the period 21 March 2002 through 5 September 2002.

      b.    He was considered and selected  for  promotion  to  the  Reserve
grade of lieutenant colonel by  the  Fiscal  Year  2003  Reserve  Lieutenant
Colonel Selection Board, effective and with a date of rank  of  5  September
2002.

      c.    On 6 September 2002, he  was  voluntarily  ordered  to  extended
active duty, in accordance  with  Title  10,  United  States  Code,  Section
12301(d), under the permanent Voluntary  Navigator  Recall  Program  for  an
indefinite period, in the grade of lieutenant colonel.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03195
in Executive Session on 13 March 2003, under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Ms. Billy C. Baxter, Member
                       Mr. Clarence D. Long, III, Member

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

    Exhibit A.  DD Form 149, dated 1 Oct 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPO, dated 1 Nov 02.
    Exhibit C.  Letter, AFPC/DPPAOO, dated 4 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 02.




                                   DAVID W. MULGREW
                                   Panel Chair

AFBCMR BC-2002-03195




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:

            a.   On 21 March 2002, he did not enter extended active duty
under the permanent Voluntary Navigator Recall Program, but on that date,
he was ordered to active duty in accordance with Title 10, United States
Code, Section 12301(d), for the period 21 March 2002 through 5 September
2002.

            b.   He was considered and selected for promotion to the
Reserve grade of lieutenant colonel by the Fiscal Year 2003 Reserve
Lieutenant Colonel Selection Board, effective and with a date of rank of 5
September 2002.

            c.   On 6 September 2002, he was voluntarily ordered to
extended active duty, in accordance with Title 10, United States Code,
Section 12301(d), under the permanent Voluntary Navigator Recall Program
for an indefinite period, in the grade of lieutenant colonel.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency