RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-02496
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 (2LT) would be 1 July 2000, rather than 6
January 2001.
_________________________________________________________________
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 12 months
versus 24 months, he is being penalized.
On 1 Jul 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 (1 Jul 00 to 11 Jul 01),
on 12 Jul 01, he was ordered to Extended Active Duty (EAD) in the
grade of second lieutenant (2LT), with a CGDOR of 6 Jan 01.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was commissioned on 1 Jul 00 and entered active duty
(EAD) on 12 Jul 01 as a second lieutenant (2LT). He is currently
serving on EAD in the grade of 1LT, with an effective date and date of
rank (DOR) of 6 Jan 03.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAO recommends the application be denied. DPPAO states that
the applicant was credited with 6 months and 8 days of total service
and given a date of rank of 6 Jan 01 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 1 Jul 00 as
a 2LT.
The HQ AFPC/DPPAO evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 6
September 2002 for review and response. 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. 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 Jul
00, rather than 6 Jan 01, 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 12 July 2001, he was awarded a
current grade date of rank as a second lieutenant of 1 July 2000, and
that he was promoted to the grade of first lieutenant on 1 July 2002.
_________________________________________________________________
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 02-02496 was
considered:
Exhibit A. DD Form 149, dated 30 Jul 02, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAO, dated 3 Aug 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Sep 02.
CHARLES E. BENNETT
Panel Chair
AFBCMR 02-02496
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 12 July 2001, he was awarded a
current grade date of rank as a second lieutenant of 1 July 2000, and
that he was promoted to the grade of first lieutenant on 1 July 2002.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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