RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

    IN THE MATTER OF:              DOCKET NUMBER:  02-03578
                 INDEX CODE:  131.05
                 COUNSEL:  NONE

                                        HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) be adjusted from 15 November 1996  to  15 November
1999.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to his release from active duty, Reduction-In  Force,  in  1992,  and
subsequent  return  to  active  duty  seven  years  later,  his  DOR  was
recalculated as 15 November 1996.  This new DOR afforded him one  officer
performance report (OPR) as a captain when he was considered for major in
the primary zone, while other officers met the same board with  4-7  OPRs
as a captain.  His reduced number of  OPRs  were  primarily  due  to  his
initial and requalification training as a B-52 Electronic Warfare Officer
encompassing approximately 50% of his active duty  time,  receiving  only
training reports not OPRs.

His lifelong desire has been to serve in the US Air  Force  as  a  career
officer  and  the  readjustment  to  his  DOR  would  allow  him  a  fair
opportunity to meet that goal.

The applicant's complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned as a second lieutenant in the Reserve  of  the
Air Force on 7 May 1988.  He  entered  on  extended  active  duty  on  20
October 1988 and was progressively promoted to the grade of captain  with
an effective date and date of rank of 28 July 1992.  He was released from
active duty and transferred to the inactive reserve on 31 December 1992.

Applicant returned to extended active duty on 11 March 2000 in the  grade
of captain with an adjusted date of rank of 15 November 1996.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO reviewed the applicant’s request and found that his date of
rank was computed correctly.  In accordance  with  AFI  36-2604,  Service
Dates and Date of Rank, paras 7.5.1.1 and 7.5.1.2,  applicant  was  given
100% credit for all active duty in the grade of captain and one-half  day
credit for each day that  he  performed  active--but  not  active  duty--
commissioned service in the grade in which applicant entered  the  active
duty list (ADL).  Applicant has 5 months and 3 days active  duty  in  the
grade of captain and 2 years, 10 months, and 23 days of  active  service,
for a total of 3 years, 3  months  and  26  days.   When  this  total  is
subtracted from the entry to active duty date, you arrive at  a  date  of
rank of 15 November 1996.

The complete evaluation, with attachment, is at Exhibit C.

HQ AFPC/DPPPO recommended disapproval.  Based on the applicant’s  DOR  of
15 November 1996, he met the CY02A Major Central  Selection  Board  which
convened on 19 Feb 02.  He was not selected for promotion.  He  also  met
the CY02B Major Central Selection Board which convened on 28 Oct 02.   To
date, those results have not been released.

Although the applicant had only one OPR as a captain before  meeting  his
first board, this is not any more unusual than those  officers  returning
to active duty under the  Voluntary  Recall  program  and  other  Reserve
transfer programs.  Current EAD  requirements  for  meeting  a  promotion
board for officers returning to active duty is 12 months.

If he is nonselected off the CY02B board, he will be offered continuation
to retirement eligibility.

The complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10
Jan 03 for review and comment within 30 days.   As  of  this  date,  this
office has received no response (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.  Insufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice.  Applicant’s contentions that  his  date
of rank (DOR) to the grade of major should  be  adjusted  to  15 November
1999  are  duly  noted.   However,  we  do  not  find   these   arguments
sufficiently persuasive to override the rationale expressed  by  the  Air
Force.  After careful review  of  the  evidence  provided,  we  found  no
evidence showing that the applicant’s established DOR was contrary to the
governing instruction and policy in effect at the time  or  that  he  has
been treated differently than others who  were  similarly  situated.   We
agree with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility and adopt the rationale expressed as the basis for
our decision that the applicant has  failed  to  sustain  his  burden  of
having suffered either an error or injustice.  There  being  insufficient
evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and  it  has  not  been
shown that a personal appearance with or without counsel will  materially
add to our understanding of the issue involved.  Therefore,  the  request
for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that  the  application  was
denied without a personal appearance; and that the application will  only
be reconsidered upon the submission of newly discovered relevant evidence
not considered with this application.

___________________________________________________________________

The following members of the Board considered AFBCMR  Docket  Number  02-
03578 in Executive Session on 18 March 2003, under the provisions of  AFI
36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Oct 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAO, dated 2 Dec 02, w/atchs.
    Exhibit D.  Letter, HQ AFPC/DPPPO, dated 26 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.




                                        PHILIP SHEUERMAN
                 Panel Chair