RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03157
                       INDEX CODE:

      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) be recalculated to provide  one  hundred  (100)
percent credit for the months  spent  completing  his  degree  on  the
Educational Delay Program (EDP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He agrees that his original DOR was consistent with the applicable Air
Force Instruction (AFI) 36-2604.  He  feels  the  AFI  is  unfair  and
counter productive to the Air Force (AF).  Under the  current  AFI  an
individual who completes an advanced degree program within  24  months
is given 100 percent credit toward their DOR, but  an  individual  who
completes the program in less  than  24  months  is  only  awarded  50
percent credit toward their DOR.  It appears  the  AF  is  encouraging
members to lengthen the time taken in pursuing an advanced degree  and
penalizing those who complete the program in less than 24 months.  The
manner in which his DOR was calculated has had a measurable effect  on
his family’s finances and future promotions due to lost pay  and  time
in service.

The applicant notes  that  the  Air  Force  Board  for  Correction  of
Military Records (AFBCMR) has previously ruled in favor on this  issue
and has attached a copy  of  the  Record  of  Proceedings  (ROP).   He
requests the same relief granted in the previous case.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned on 23 May 1998 and  entered  on  active
duty on 2 July 1999 as a second lieutenant.   The  applicant  spent  1
year, 1 month and 9 days in the EDP.  His DOR as a  second  lieutenant
(2Lt) is 12 December 1998 and he  was  promoted  to  first  lieutenant
(1Lt) on 12 December 2000.  He received 6 months  and  20  days  total
service credit for the period 23 May 1998 to 1 July 1999.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO states upon entry into active duty, the AFPC  Form  282,
Date of Rank Computation, was created in accordance with AFI  36-2604,
giving  the  applicant  one-half  day  credit   from   his   date   of
commissioning up to  the  date  he  entered  active  duty.   Based  on
governing directives, the  applicant’s  DOR  was  computed  correctly.
They recommend denying the requested relief;  however,  if  the  Board
recommends granting the request, the record should be changed to  show
a DOR as 2Lt of 23 May 1998 and promotion to 1Lt on 23 May 2000.

A complete copy of the Air Force evaluation, with attachments,  is  at
Exhibit C.

HQ AFPC/DPPPO states if the applicant’s request is granted  they  will
take action to adjust his DOR  as  a  1LT  to  23  May  2000  and  his
projected DOR to captain would be changed from 12 December 2002 to  23
May 2002.

A complete copy of the Air Force evaluation, with attachments,  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
27 November 2002, for review  and  response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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  23
May 1998, rather  than 12 December 1998, 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 affecting his entire career.  In this regard, having earlier
DORs for first lieutenant and second lieutenant would  have  made  him
eligible for promotion consideration to captain  much  sooner.   Given
the 100 percent selection rate for that grade and the  fact  that  his
DOR rank to captain has already passed in time, we believe  he  should
also be promoted to captain with a DOR of 23 May 2002.  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 2  July  1999,  he  was  awarded  a
current  grade date of rank as a second lieutenant of 23 May 1998; and
he was promoted to grade of first lieutenant on 23 May  2000,  and  to
the grade of captain on 23 May 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
03157 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 was considered:

   Exhibit A.  DD Form 149, dated 26 Sep 02, w/atchs.
   Exhibit B.  Microfiche.
   Exhibit C.  Letter, HQ AFPC/DPPAO, undated, w/atch.
   Exhibit D.  Letter, HQ AFPC/DPPPO, dated 22 Nov 02.
   Exhibit E.  Letter, SAF/MRBR, dated 27 Nov 02.




                                   CHARLES E. BENNETT
                                   Panel Chair






AFBCMR 02-03157




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, SSN be corrected to show at the time he
was ordered to extended active duty on 2 July 1999, he was awarded a
current grade date of rank as a second lieutenant of 23 May 1998; and
he was promoted to grade of first lieutenant on 23 May 2000, and to
the grade of captain on 23 May 2002.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency