RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01862
                                       INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXXXXXX                    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her promotion to the grade of captain be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When her finance office and military personnel  flight  (MPF)  informed  her
she was selected for promotion to captain, she informed them  that  it  must
be a mistake.  Her Officer-In-Charge (OIC) and  Flight  Commander  contacted
the Air Force Personnel Center (AFPC) and were informed  the  promotion  was
correct.  After four months of discussion and  deliberation,  the  rank  was
applied. One month later, it was  discovered  that  the  promotion  was,  in
fact, a mistake and her rank of captain was taken away.

In support of her application, she provides copies of  her  promotion  order
to the grade of captain and the order rescinding the promotion  order.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 March 2002, the applicant was appointed a second  lieutenant,  Reserve
of the Air Force (ResAF), and was voluntarily  ordered  to  extended  active
duty in that grade on 2 April 2002.  Her date of rank (DOR) was 20 May  2000
based on awarded constructive service credit.  On 7 August 2002, her  active
duty grade was changed to first lieutenant with a date  of  rank  of  20 May
2000.  The applicant was selected for promotion  to  the  grade  of  captain
during the CY02B Captain Central Selection Board with a  projected  DOR  and
effective date of 20 May 2002.  Her promotion  order  was  rescinded  on  30
April 2003.  The applicant is currently serving on active duty in  the  rank
of first lieutenant with a date of rank of 20 May 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  On 7 August 2002, the applicant’s  grade  was
updated in the  Military  Personnel  System  to  first  lieutenant  with  an
incorrect DOR of 20 May 2000.  As a result of  this  update,  the  applicant
met the eligibility criteria for the CY02B Captain Central Selection  Board.
 Her records met and were selected for promotion to  the  grade  of  captain
with a projected DOR and effective date of 20 May 2002.  During an audit  of
service dates, it was found that the applicant’s DOR as a  first  lieutenant
was calculated incorrectly.  A recalculation and validation of  her  service
dates confirmed her DOR as a first lieutenant should have been 20  May  2002
thereby making her ineligible for promotion to captain until  20  May  2004.
Her commander notified the applicant that her promotion order was  rescinded
and that she should revert back to wearing the grade of first lieutenant.

DPPPO states that there are no provisions in policy  or  law  to  allow  the
applicant  to  retain  the  grade  of  captain.   The  date  the   erroneous
DOR/promotion was identified is the date the  promotion  became  void.   The
applicant was instructed to use an AFPC/DPPP notification letter to  request
a waiver of repayment of  any  debt  owed  as  a  result  of  the  erroneous
promotion to captain and over one month extra pay  as  a  first  lieutenant.
It is the opinion of DPPPO that the applicant was  never  eligible  to  meet
the promotion board; therefore, the promotion is not  valid.   In  addition,
the applicant has not provided any additional documentation to show she  was
entitled to the promotion.  The DPPRRP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  8
August 2003 for review and response (Exhibit D).   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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice.  After reviewing the  evidence  of  record,
the Board majority  is  persuaded  that  relief  is  warranted.   Given  the
circumstances of this case, it appears that  the  applicant  was  improperly
promoted through no fault of her own.   We  note  that  the  applicant  made
several  attempts  to  convince  her  superiors  of  her  ineligibility  for
promotion; however, Air  Force  officials  promoted  her  in  spite  of  her
objections.  The majority of the Board believes  the  applicant  should  not
suffer from the miscalculations of the Air Force and therefore,  we  believe
the records should be corrected in  favor  of  the  applicant.   It  is  the
majority of the Board’s opinion that  in  order  to  provide  her  fair  and
equitable relief, her records should be corrected as indicated below.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.  On 2 April 2002, she was voluntarily ordered  to  extended  active
duty in the grade of first lieutenant with a date of rank (DOR)  of  20  May
2000 based on her entitlement to additional constructive service credit.

      b.  She was selected  for  promotion  by  the  CY02B  Central  Captain
Selection Board, which convened on 3  October  2002,  and  was  promoted  to
captain effective and with a DOR of 16 December 2002.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 September 2003 and 17 October 2003, under  the  provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Carolyn B. Willis, Member

Mr. Peterson and Ms. Romine voted to correct  the  records  as  recommended.
Ms. Willis voted to deny the applicant’s request but elected not  to  submit
a minority report.  The following documentary  evidence  for  AFBCMR  Docket
Number BC-2003-01862 was considered:

      Exhibit A.  DD Form 149, dated 13 May 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPO, dated 30 Jul 03.
      Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.




                                             RICHARD A. PETERSON
                                             Panel Chair


AFBCMR BC-2003-01862




MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board of 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 XXXXXXXXXXXXXXXXXXXX, be corrected to show that:

          a.  On 2 April 2002, she was voluntarily ordered to extended
active duty in the grade of first lieutenant with a date of rank (DOR) of
20 May 2000 based on her entitlement to additional constructive service
credit.

          b.  She was selected for promotion by the CY02B Central Captain
Selection Board, which convened on 3 October 2002, and was promoted to
captain effective and with a DOR of 16 December 2002.




                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
                 Boards Agency