RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03417
COUNSEL: None
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 on the
Educational Delay Program (EDP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed his degree on the EDP early and thought he would receive
100% credit toward time in grade (TIG). He worked in good faith but
instead of receiving credit for the full 24 months, he is being
penalized for his diligence and effort with a 50% reduction in his
TIG. Therefore, he will be required to wait an additional year to
receive the next higher rank. This will be detrimental to both his
career and finances because his subsequent DORs for each promotion
will be affected throughout his entire career.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was commissioned on 16 December 2000 and entered active
duty on 17 June 2002 as a second lieutenant. He received nine (9)
months and one (1) day total service credit for the period 16 December
2000 to 16 June 2002 and given a DOR of 15 September 2001.
_________________________________________________________________
AIR FORCE EVALUATION:
The Superintendent, Line Officer Procurement Branch, HQ AFPC/DPPAO,
reviewed the appeal and provided his rationale for recommending
denial.
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.
He contends that the inconsistency appears to be a penalty against the
Education Delay Program member who has completed the requirements for
a degree earlier than the two years allotted. The applicant points
out that those reserve component members who complete the degree
requirements in the two years allotted receive credit for the two
years in the form of a DOR that reflects two years of service. The
applicant argues that that same member who completes his education
early and transfers to active duty only receives one half credit for
the time spent in the program.
_________________________________________________________________
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 he is being penalized for completing his education
program earlier than 24 months. 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 16
December 2000, rather than 15 September 2001, and been promoted to
first lieutenant at a much earlier date. The Board finds it plausible
that the applicant believed he 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 his date of rank to
the Reserve grade of second lieutenant is 16 December 2000, and that
he was promoted to the Reserve grade of first lieutenant effective and
with a date of rank of 16 December 2002.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on ______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 was considered:
Exhibit A. DD Form 149, 2 Oct 2002, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAO, dated 20 Nov 2002, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Dec 2002.
Exhibit E. Applicant Rebuttal, dated 16 Dec 2002
CHARLES E. BENNETT
Panel Chair
AFBCMR BC-2002-03417
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 his date of rank to the
Reserve grade of second lieutenant is 16 December 2000, and that he was
promoted to the Reserve grade of first lieutenant effective and with a date
of rank of 16 December 2002.
JOE
G. LINEBERGER
Director
Air
Force Review Boards Agency
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