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AF | BCMR | CY2002 | BC-2002-03417
Original file (BC-2002-03417.doc) Auto-classification: Approved


                       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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