RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03502
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 is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was commissioned on 1 October 1998 and entered active
duty on 6 June 1999 as a second lieutenant. He received four (4)
months and one (1) day total service credit for the period 1 October
1998 to 5 June 1999 and given a DOR of 3 Feb 1999.
_________________________________________________________________
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:
A complete copy of the evaluation was forwarded to the applicant on 6
December 2002 for review and comment within 30 days. 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 not 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 1
October 1998, rather than 3 February 1999, 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 1 October 1998, and that he
was promoted to the Reserve grade of first lieutenant effective and
with a date of rank of 1 October 1998.
_________________________________________________________________
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, dated 21 Oct 02, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAO, dated 26 Nov 02, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 6 Dec 02.
CHARLES E. BENNETT
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2002-03502
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 1 October 1998, and
that he was promoted to the Reserve grade of first lieutenant
effective and with a date of rank of 1 October 1998.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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