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AF | BCMR | CY2003 | BC-2002-02496
Original file (BC-2002-02496.doc) Auto-classification: Approved

                            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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