RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00151
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________


APPLICANT REQUESTS THAT:

His Air National  Guard  (ANG)  promotion  to  lieutenant  colonel  be
transferred to the active duty Air Force.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior  to  accepting  a  voluntary  recall  to  active  duty,  he  was
wrongfully counseled that  the  active  Air  Force  would  accept  his
promotion to lieutenant colonel.  From the beginning, he was concerned
with the Air Force approval of his Air Guard promotion and was told on
several occasions that it would be honored.  It was not until after he
returned to active duty that he was informed the promotion  would  not
be honored.  He believes the promotion should be honored  due  to  the
misinformation given and the influence  it  had  on  his  decision  to
return to active duty in July as  opposed  to  the  original  November
timeframe initially agreed upon.

In support of his request, applicant  submits  a  personal  statement,
electronic mail from HQ AFPC/DPPPOO and HQ AFPC/DPAOC, and a  copy  of
his  promotion  order.   The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant has prior service with the  Air  National  Guard  (ANG).
National Guard Bureau Special Order Number AP-298, dated  21  November
2002, reveals that the  applicant  was  listed  for  extended  Federal
recognition and promotion to the Reserve of the  Air  Force  grade  of
lieutenant colonel, with a promotion service date (PSD) of  1  May  02
and an effective date of 13 November 2002.

On 10 July 2002, the applicant was  voluntarily  ordered  to  extended
active duty in the grade of major, with a date  of  rank  (DOR)  of  6
December 1997 and an effective date of 10 July 2002.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO indicates that,  prior  to  the  applicant’s  return  to
active duty, he met and  was  selected  for  promotion  to  lieutenant
colonel by an Air National Guard Lieutenant Colonel  Position  Vacancy
Board, which convened in June 2002.  DPPPO states that, in  order  for
the promotion to be valid and brought over to  extended  active  duty,
the applicant would have had to wait to enter  active  duty  until  14
November 2002,  the  day  after  approval  of  the  promotion  by  the
President.  The applicant entered active duty on 10  July  2002.   Had
the applicant been given the correct information, DPPPO  believes  the
applicant would have waited until after he pinned on to enter extended
active duty.  By law, the applicant  is  not  entitled  to  bring  the
promotion over to extended active  duty  because  he  did  not  pin-on
first.  There are no other regulatory or  legal  provisions  that  can
authorize the applicant to transfer  his  promotion  to  active  duty.
But, DPPPO believes the applicant  should  be  granted  some  type  of
relief due to the counseling he was provided.   If  the  Board  should
elect to grant relief to the  applicant,  DPPPO  recommends  that  the
applicant’s record be corrected to show that he  entered  active  duty
under the Limited Period Recall program (LPRP) for a period  of  three
(3) years, and he was subsequently ordered to  extended  active  duty,
effective 14 November 2002.  This would allow the applicant to  accept
the promotion and enter active duty as a lieutenant  colonel,  with  a
date of rank of 1 May 2002 and an effective date of 14 November  2002.
The HQ AFPC/DPPPO evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory  opinion  and  indicated  that  he
understands the favorable  letter.   To  reiterate,  if  he  had  been
properly counseled, he would not have entered  active  duty  prior  to
14 November 2002.  The applicant’s complete submission, is at  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.   After  reviewing  the  applicant’s
submission and the evidence of record, we are persuaded that relief is
warranted.  In this respect, we are in agreement with the opinion  and
recommendation of the appropriate Air  Force  office,  HQ  AFPC/DPPPO,
that the applicant’s decision to enter active duty on 10 Jul 02 rather
than 14 Nov 02 was based on inaccurate information  he  was  provided.
Had the applicant been properly counseled, we believe  he  would  have
waited until after he pinned on lieutenant  colonel  to  enter  active
duty.  In view of the foregoing, we recommend the applicant’s  records
be corrected to the extent 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 on 10  July  2002,  he
entered active duty under the Limited Period Recall Program (LPRP) for
a period of three years  and,  effective  14  November  2002,  he  was
ordered to extended active duty in the grade  of  lieutenant  colonel,
with a date of rank of 1 May 2002 and an effective date of 14 November
2002.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 April 2003, under the provisions  of  AFI  36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Mr. James W. Russell III, Member
              Ms. Cheryl Jacobson, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-00151.

   Exhibit A.  DD Form 149, dated 10 Jan 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 26 Feb 03.
   Exhibit C.  Letter, SAF/MRBR, dated 7 Mar 03.
   Exhibit D.  Letter from Applicant, dated 13 Mar 03.




                                   OLGA M. CRERAR
                                   Panel Chair



AFBCMR BC-2003-00151




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 that on 10 July
2002, he entered active duty under the Limited Period Recall Program
(LPRP) for a period of three years and, effective 14 November 2002, he
was ordered to extended active duty in the grade of lieutenant
colonel, with a date of rank of 1 May 2002 and an effective date of 14
November 2002.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency