RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02973
INDEX CODE: 131.05
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Date of Rank (DOR) to Captain be changed to 23 Dec 98 and that
he receive any associated back pay.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was selected for promotion to the rank of Captain by the CY97C
Captain (LAF/JAG/CHAP/MSC/BSC/NC) Central Selection Board but was
unable to pin-on because of a projected separation date. He
separated in Jan 98, and accepted an individual mobilization
augmentee (IMA) billet in Apr 99, with points for a good year in
1998.
His research determined that his promotion selection on the active
duty list (ADL) should have transferred over to the reserve active
status list (RASL) upon his acceptance into the Reserve.
Conversations with HQ ARPC/DPJA suggest that the one-year
requirement to serve as a reservist is eliminated under these
findings.
In support of applicant’s appeal, he provided a copy of Promotion
Statement of Understanding and his Reserve Promotion order to
Captain.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Documentation provided by the applicant indicated that while on
active duty he was selected for promotion to the grade of captain
with a projected date of rank of 23 Dec 98. He was released from
active duty on 4 Jan 98, and transferred to the Air Force Reserve,
effective 5 Jan 98.
Information extracted from the Personnel Data System (PDS)
indicates his total active federal commissioning service date/total
years service date (TAFCSD/TYSD) as 16 Dec 94. His DOR to first
Lieutenant was 23 Dec 96. He is currently serving in the Reserve
grade of captain having been promoted to that grade, effective
1 Oct 00.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPB reviewed this application and recommended denial. They
indicate the applicant was placed on the FY02 Captain selection
list with a projected DOR of 23 Dec 01, which was the appropriate
RASL promotion list based on the law in effect at that time.
Utilizing the authority of 10 U.S.C. Section 14308(e), the
applicant’s senior rater requested an accelerated promotion and he
was awarded a DOR of 1 Oct 00, 14 months earlier than his RASL date
allowed by law.
The original active duty promotion date has no applicability once
an officer transfers to the RASL. In the applicant’s case, he was
promoted when he met all the legislative and policy requirements to
hold the higher grade.
The complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 Oct 02 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we are convinced that the applicant was promoted at
the appropriate time when he met all the legislative and policy
requirements to hold the higher grade. Therefore, we agree with
the opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error
or injustice. In the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in this
application.
___________________________________________________________________
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
02-02973 in Executive Session on 8 January 2003, under the
provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. James W. Russell III, Member
Mr. William H. Anderson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPB, dated 1 Oct 02.
Exhibit D. Letter, SAF/MRBR, dated 11 Oct 02.
ROBERT S. BOYD
Panel Chair
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