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AF | BCMR | CY2003 | BC-2002-03824
Original file (BC-2002-03824.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03824
            INDEX CODE:
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank to major be adjusted to reflect the date of rank  (DOR)  he
would have received following his transfer from the Active Duty  List  (ADL)
to the Reserve Active Status List (RASL).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was selected for promotion to major on active duty  by  the  CY00A  major
selection board which convened on 4 Jan 00.  His line number  was  720.   He
then transferred without a break in service as an active  Reservist  in  the
same category.   In  accordance  with  AFI  36-2504,  he  should  have  been
transferred from the ADL to the RASL  and  subsequently  promoted  to  major
with an appropriate DOR as an active Reserve officer.  His  DOR  would  have
been 1 Sep 00 if he had stayed on active duty.  His Reserve  DOR  is  1  Oct
01.

In support of his request, applicant provided documents associates with  his
active duty selection for promotion; a copy of his DD Form 214,  Certificate
of Release or Discharge from Active Duty; a copy of his AF  Form  133,  Oath
of Office; an excerpt from  AFI  36-2504.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed s second lieutenant, Reserve of the Air Force on  31
May 89 and was voluntarily ordered to extended  active  duty  on  that  same
date.  He was progressively promoted to the grade of captain  effective  and
with a date of rank of 31 May 93.  He was  selected  for  promotion  to  the
grade of major by the CY00A Central Major Selection Board.  On  19  Jul  00,
he was discharged from active duty after completion of required service  and
on 20 Jul 00, his name was placed on the  RASL.   He  was  promoted  to  the
grade of major on 1 Oct 01.

_________________________________________________________________
AIR FORCE EVALUATION:

ARPC/DPB recommends denial.   DPB  states  that  Title  10  U.S.C.,  Section
14317(c) allows officers with a  pending  ADL  promotion  to  transfer  that
promotion to the RASL, and authorizes the officer to  be  placed  on  "...an
appropriate promotion list..."   AFI  36-2504,  which  implements  the  law,
states that "Any officer selected for  promotion  to  a  higher  grade,  who
transfers from the ADL to the RASL of the same  armed  force,  will  receive
their promotion providing  the  officer  remains  in  the  same  competitive
category.  The officer's DOR on the RASL is  calculated  using  the  current
Reserve  of  the  Air  Force  requirements  for  In-the-Primary  Zone  (IPZ)
promotions for the officer's competitive category."  As of the  day  he  was
accessed to the Reserve, RASL promotion requirements were 7  years  time  in
grade as a captain and 12.5 years total service.  His DOR  was  31  May  93,
with 31 May 89 as the commissioning date.  He  was  IPZ  eligible  for  RASL
consideration for the FY02 major's board.  He  was  placed  on  this  select
list with a DOR of 1 Oct 01, the most senior date available to  that  board.


He was placed on the appropriate RASL selection list as defined by law  when
he transferred to the RASL.  Once departing active duty,  the  date  awarded
from that selection board had no bearing on  his  RASL  promotion.   He  was
awarded the earliest RASL promotion date.  The DPB evaluation is at  Exhibit
B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20  Dec
02 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 that would warrant  corrective  action.   We
took notice of the applicant's complete submission in judging the merits  of
the case; however, we agree with the opinion and recommendation of  the  Air
Force office of primary responsibility  that  the  applicable  statutes  and
regulations were properly applied in determining  the  applicant's  date  of
rank to the grade of major.  Evidence has not  been  presented  which  would
lead us to believe otherwise.  Accordingly, we 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 persuasive 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  BC-2002-
03824 in Executive Session on 29 Jul 03, under the  provisions  of  AFI  36-
2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. John L. Robuck, Member
      Mr. Vaughn E. Schlunz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Nov 02.
    Exhibit B.  Letter, ARPC/DPB, dated 12 Dec 02.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Dec 02.




                                   OLGA M. CRERAR
                                   Panel Chair

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