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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