RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02438

            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His time spent completing his degree on the Educational Delay  Program
(EDP) be recalculated to provide 100% credit so that his date of  rank
(DOR) to second lieutenant would be 14 Dec 99, rather than 22 Sep 00.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Discrepancies between current Air Force Personnel  Center  (AFPC)  and
Air Reserve Personnel Center (ARPC) promotion  instructions  adversely
affect Educational Delay students who complete the  Educational  Delay
Program (EDP) in less than two (2) years.  He completed his degree  on
the EDP early and, instead of receiving 100% credit for the 24  months
toward time in grade (TIG), he is being penalized  for  his  diligence
and effort with a 50% reduction in his TIG.  The injustice  occurs  in
the transition from being governed by  ARPC’s  regulations  to  AFPC’S
regulations.   Specifically,  there  is  an  inequity  in   how   each
organization computes an  individual’s  current  grade  date  of  rank
(CGDOR) for individuals participating in EDP.  Had  he  completed  his
master’s degree in 24 months, he would have been promoted to the grade
of lLT while in a reserve status and would have entered active duty as
a  lLT.   However,  because   he   completed   the   requirements   in
approximately 19 months versus 24 months, he is being penalized.

On 10 Jan 00, he  entered  the  Educational  Delay  Program  (EDP)  to
complete  the   requirements   for   his   master’s   degree.    While
participating in the program, he was assigned to the Obligated Reserve
Section (OSR)  concurrent  with  his  appointment  in  the  Air  Force
Reserve.  Upon completing his master’s degree (10 Jan  00  to  15  May
01), on 30 Jun 01, he was ordered to Extended Active Duty (EAD) in the
grade of second lieutenant (2LT), with a CGDOR of 22 Sep 00.

The  applicant’s  complete  submission,  with   attachments,   is   at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned on 14 Dec 99 and entered active duty on
30 Jun 01 as a second lieutenant.   He is currently serving on EAD  in
the grade of 2LT, with a DOR of 22 Sep 00.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends the application be denied.  DPPAO states that
the applicant was credited with 9 months and 8 days of  total  service
and given a date of rank of  22  Sep  00  as  a  2LT.   The  applicant
provided no evidence that he was miscounseled.  DPPAO indicated  that,
based on  governing  directives,  the  applicant’s  DOR  was  computed
correctly.  However, if the decision is to grant  the  relief  sought,
the applicant’s record should be corrected to reflect a DOR of 14  Dec
99 as a 2LT.  The HQ AFPC/DPPAO evaluation, with  attachments,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion  and  indicated  that  his
application was submitted in order to bring to the  attention  of  the
Board an inequity between AFPC and ARPC in the date of  rank/promotion
guidelines that creates an injustice for a select few  officers.   The
applicant’s complete submission is at 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.    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  14  Dec
99, rather than 22 Sep 00, 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, at the  time  he  was
ordered to extended active duty on 30 June  2001,  he  was  awarded  a
current grade date of rank as a second lieutenant of 14 December 1999,
and that he was promoted to  the  grade  of  first  lieutenant  on  14
December 2001.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 March 2003, 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  pertaining  to  AFBCMR  02-02438  was
considered:

   Exhibit A.  DD Form 149, dated 24 Jul 02, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 3 Aug 02, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 02.
   Exhibit E.  Letter from Applicant, dated 11 Sep 02.




                                   CHARLES E. BENNETT
                                   Panel Chair



AFBCMR 02-02438




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, at the time he
was ordered to extended active duty on 30 June 2001, he was awarded a
current grade date of rank as a second lieutenant of 14 December 1999,
and that he was promoted to the grade of first lieutenant on 14
December 2001.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency