RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00089
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that his reserve promotion to captain
was upon entry to active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While in the Reserves (Educational Delay) his date of  rank  as  first
lieutenant  was  recorded  incorrectly.   As  a  result,  he  was  not
considered for promotion to captain while in the Reserves,  which  has
effected his appropriate rank upon return to active duty.  He requests
ARPC to review his record and amend as necessary.

In support of the appeal, applicant submits  a  copy  of  his  Reserve
Order, AF Form 766, Extended Active  Duty  Order,  and  AF  Form  973,
Request and Authorization for Change of Administrative Orders.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was assigned  USAFR,  Obligated  Reserve  Section  (ORS)
while completing his education prior to completing his extended active
duty (EAD) commitment.  He did not have an  assignment  that  required
any  Reserve  participation;  therefore,  he  could   not   have   any
documentation of performance (Officer Performance Reports).  While  in
this status, he was eligible for and received  promotion  from  second
lieutenant to first lieutenant.  This promotion was effective  on  the
second anniversary of his commission, 16 May 1999.

On 31 October 2002, he entered extended active duty in  the  grade  of
first lieutenant and promoted to the  grade  of  captain  on  31 March
2003.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB states that the time-in grade (TIG) requirement for promotion
eligibility to captain was changed December 2001 from 4 years TIG to 2
years TIG as a 1st lieutenant.  This change affected the FY03 Line and
Health Professions Captain (other  than  Selected  Reserve)  Selection
Board, which convened 24 June 2002.  The applicant’s  promotion  order
was published October 2002, after the selection board adjourned.

The  applicant  is  eligible  for  special   selection   board   (SSB)
consideration by  the  FY03  Captain  (other  than  Selected  Reserve)
Selection Board. However,  the  applicant  was  assigned  to  ORS;  no
participation, no performance and therefore  no  performance  reports.
His Officer Selection Folder would be blank.  There would  be  nothing
for a selection board to use to judge potential to serve in  a  higher
grade.  Historically, when presented with an empty  selection  folder,
the selection board  has  not  selected  the  officer  for  promotion.
Therefore, they recommend denial of the applicant’s request.

They further note that the USAF (all components) has changed  the  way
1st lieutenants will receive promotion.  Effective this calendar year,
promotion to the grade of captain is by exception.  The lieutenant  is
promotable unless his/her senior rater believes  the  officer  is  not
ready  for  promotion  and  prepares  an  AF   Form   709,   Promotion
Recommendation marked “Do Not Promote” and the management level review
board agrees with the senior rater’s recommendation.  If  the  DNP  is
not prepared, the officer is placed on the  appropriate  select  list,
pending approval by the President, and assigned a  date  of  rank  and
effective date for assuming the higher grade.  The applicant  will  be
evaluated by his active duty senior rater for promotion along with his
USAF peers.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 February 2003, a copy of the Air Force evaluation was  forwarded
to the applicant for review and response within 30 days.  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.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  an  error  or  injustice  warranting   applicant’s
promotion to the Reserve grade of captain prior  to  his  entrance  on
active duty.  Applicant is correct that due to his date of rank to the
grade of first lieutenant being incorrect, he was not  considered  for
promotion to the grade of captain prior to entering active  duty.   He
believes that he should be promoted to the  Reserve  of  captain.   We
disagree.  In this regard, we note that had the  applicant’s  date  of
rank to the grade of first lieutenant been correct, he would have been
eligible for promotion consideration by  the  FY03  Captain  Selection
Board which convened on 24 June 2002.  Therefore, we recommend  he  be
considered for promotion to the grade of captain by Special  Selection
Board (SSB) for the FY03 selection board.  While we note the  comments
provided by the Air Force concerning applicant having no participation
and no performance reports, the fact remains that he was  entitled  to
promotion consideration by the FY03 selection board.  We believe  that
recommending his direct promotion to  the  grade  of  captain  is  not
justified since no documents have  been  added  or  deleted  from  his
records.  The only change is his date of rank to the  grade  of  first
lieutenant.  His record will  appear  before  the  SSB  as  any  other
officer’s  record  similar  situated.   Therefore,  his  request   for
promotion to the grade of captain through the  correction  of  records
process is not favorably consideration.  However, as stated above,  he
is entitled to SSB consideration by the FY03 selection board.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  promoted  to
the Reserve grade of captain effective and with a date of  rank  of  1
October 2002, and he was voluntarily ordered to enter active  duty  on
31 October 2002 in the grade of captain, rather than in the  grade  of
first lieutenant.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 July 2003, under the provisions of AFI 36-2603:

                  Ms. Brenda L. Romine, Panel Chair
                  Mr. E. David Hoard, Member
                Mr. James W. Russell, III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:


   Exhibit A.  DD Form 149, dated 10 Jan 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 30 Jan 03.
   Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 03.




                                   BRENDA L. ROMINE
                                   Panel Chair










AFBCMR BC-2003-00089
INDEX CODE:  131.00




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, be corrected to show that he was promoted to the
Reserve grade of captain effective and with a date of rank of 1
October 2002, and he was voluntarily ordered to enter active duty on
31 October 2002 in the grade of captain, rather than in the grade of
first lieutenant.








 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency

                   MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE
                   BOARD FOR CORRECTION OF MILITARY RECORDS

SUBJECT:    AFBCMR Case of, Docket No. BC-2003-00089

      I have carefully reviewed all the circumstances of this case and
do not agree with the panel’s view that the applicant would be
provided proper and fitting relief by placing his Officer Selection
Record (OSR) before a Special Selection Board (SSB) for promotion
consideration by the FY 2003 Line and Health Professions Captain
(other than Selected Reserve) Selection Board.  Rather, after a
careful review of the available records, I believe a Secretarial
promotion is warranted in this case.

      I have previously asserted the belief that, in order to justify
a Secretarial promotion, there must be evidence the officer has
suffered an error or an injustice, and there is persuasive evidence
the officer’s record cannot be fairly considered by a duly constituted
selection board.  My analysis of this case leads me to conclude the
applicant’s case is so exceptional, an SSB cannot reach a fair
decision, and the extraordinary solution of a directed promotion is
warranted.  My belief is based on the fact that the applicant would
have no record of performance for an SSB to review.  Because of this,
and the high select rate for officers before the FY 2003 Air Force
Captain Selection Board, and in view of the fact that the applicant
was selected for promotion shortly after his entry on active duty, I
believe any doubt in this matter should be resolved in his favor.
Therefore, the applicant’s records should be corrected to show he was
promoted by the subject board and entered active duty as a captain,
rather than as a first lieutenant.

      In arriving at my decision, I am aware that the courts have held
that the Board has an abiding moral sanction to determine, insofar as
possible, the true nature of an alleged injustice and to take steps to
grant thorough and fitting relief.  I am also aware that this case has
been reviewed by the Office of the General Counsel.  In addition to
having no legal objection to the relief being granted, that office
believes this is an appropriate case for direct promotion.

                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency