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AF | BCMR | CY2003 | BC-2003-00460
Original file (BC-2003-00460.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00460
            INDEX CODE:  102.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


APPLICANT REQUESTS:

Consideration for  a  Regular  commission  since  he  was  an  Officer
Training School (OTS) Distinguished Graduate (DG).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He graduated second in his OTS class (honor graduate);  however,  this
information  was  not  reflected  in  his  military   record.    After
discovering  this  omission,  he  took  action  to  have  his  records
corrected to reflect his status as a DG.  In accordance with  AFI  36-
2013, OTS should have nominated him for a Regular commission since  he
was in the top ten percent of his OTS class.

In support of his request, applicant submits copies of his  graduation
certificates denoting DG and honor graduate status, extract  from  AFI
36-2013, and copies of his preselection brief  and  data  verification
brief.  The applicant’s complete submission, with attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  Total  Active  Federal  Commissioned  Service   Date
(TAFCSD) is 9 Apr 99.  He is currently serving on active duty  in  the
grade of first lieutenant (O2), with an effective  date  and  date  of
rank of 9 Apr 01.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPOO recommends the application be  denied.   DPPPOO  states
that Congress mandated that, effective 1 Oct  96,  all  officers  must
enter active  duty  with  a  Reserve  commission.   Further,  Congress
mandated that Regular appointments could  not  be  granted  before  an
officer completed one year of active commissioned service.  In Aug 94,
when the AFI 36-2013 was  published,  OTS  DGs  were  eligible  for  a
Regular commission.  However, the 1994 version of AFI 36-2610 included
a statement that, after 30 Sep 96, no OTS DGs would receive a  Regular
appointment.  Based on the information the applicant read in  AFI  36-
2013, it appeared  he  should  have  been  considered  for  a  Regular
commission as an OTS DG.  However, when the law changed in  1996,  OTS
DGs were no longer considered for a Regular commission and  as  stated
in the AF/DP message, beginning in FY98 Regular commissions would only
be tendered with promotion to major and above.  DPPPOO  believes  that
granting relief to the applicant would not be fair or equitable to all
the other OTS DGs that have  been  commissioned  as  Reserve  officers
since the change in law.  If the applicant is selected  for  promotion
to major, he will be offered a Regular commission at that  time.   The
HQ AFPC/DPPPOO evaluation, with attachments, is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  14
Mar 03 for review and response.  As of this date, no response has been
received by this office (Exhibit C).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   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 and adopt the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   In
this respect, we note that, due to the 1996  change  in  law,  Officer
Training School (OTS) Distinguished Graduates (DGs)  are  commissioned
as Reserve officers when they enter active duty.  In view of the above
and absent 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  this  application  in
Executive Session on 29 Apr 03, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gregory A. Parker, Member
                  Mr. James W. Russell III, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2003-00460.

   Exhibit A.  DD Form 149, dated 27 Jan 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPOO, dated 7 Mar 03, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 14 Mar 03.




                                   RICHARD A. PETERSON
                                   Panel Chair

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