RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-02271
            INDEX CODE:  131.00
            COUNSEL:  None

            HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His date of rank (DOR) and pay be adjusted to 18  July  2002  from  16
December 2002.

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APPLICANT CONTENDS THAT:

He was originally promoted to Captain, Regular Army on 1 May 2000.  He
left active duty on 1 June 2000 and entered the  Maine  Army  National
Guard as a Captain on 6 September 2000 with the  same  DOR  of  1  May
2000.

He was assessed by the  Air  Force  Health  Profession  Recruiters  in
November  2001  and  a  medical  service  grade  and  pay  computation
worksheet (AETC Form 1431) was completed on  19  November  2001.   His
Federal Active Commissioned Service Date was established  as 3  years,
8 months and 17 days as a Biomedical Sciences Officer in the Air Force
taking into account all allowable credit prior to becoming  an  Active
Duty Air Force Officer.

His current effective DOR and associated  pay  is  16  December  2002,
which is reflected on his Promotion Information sheet.  In  accordance
with AFI 36-2611, the grade of captain is normally attained after four
years of active duty service.  He entered active duty Air Force  on  3
April 2002 and expected to pin on captain on 18 July  2002,  3  months
and 14 days after restarting active duty.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

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STATEMENT OF FACTS:

After periods of enlisted and officer service  in  the  United  States
Army,  Army  Reserve  and  Army  National  Guard,  the  applicant  was
appointed a first lieutenant, Reserve of  the Air Force, on  15  March
2002, as Biomedical Sciences Corps officer with a current   grade   OR
of 18 July 2000.  He  entered  active duty on  3  April  2002  and  is
currently serving on active duty in the grade of captain  with  a  DOR
and effective date of 16 December 2002.

The applicant received a constructive service credit  of  3  years,  8
months and 14 days for his  professional  engineering  experience  and
prior Army and Air National Guard service.

The applicant met  the  CY02C  Captain  (JAG/CHAP/MSC/BSC/NC)  Central
Selection Board on 3 October 2002.  The results were approved  by  the
Principal  Deputy  Under  Secretary  of  Defense  for  Personnel   and
Readiness (PDUSD (P&R)) on 16 December 2002 and were publicly released
on 7 January 2003.

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AIR FORCE EVALUATION:

HQ AFPC/DPAMW  provided  an  evaluation  recommending  denial  of  the
applicant’s request to have his DOR changed.  In accordance  with  AFI
36-2501, first lieutenants on the active duty list that  are  selected
for promotion to captain are promoted after completing 24 months time-
in-grade computed from their DOR as a first lieutenant, or upon of the
approval of the captain  selection  board  report,  by  the  Assistant
Secretary  of  Defense  (Force   Management   and   Personnel).    The
applicant’s DOR is correct and in accordance with the AFI.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that he was
assured during the accession process that he would be promoted at  the
two-year mark.  This was one of the conditions that he agreed to enter
the Air Force.   He  believes  the  recruiter  acted  in  good  faith,
however, he cannot accept the information he was given  erroneous  and
believes to correct this injustice his date of rank should be adjusted
(Exhibit E).
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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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force and adopt their rationale 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.   The  applicant  contends  that  he  was
miscounseled by his recruiter  who  informed  him  that  he  would  be
promoted to  captain  at  the  two-year  mark.   We  note  that  first
lieutenants on the active duty list who are selected for promotion  to
the grade of captain are promoted after completing 24 months  time-in-
grade or, upon the approval of  the  selection  board  report  by  the
Assistant Secretary  of  Defense  (Force  Management  and  Personnel),
whichever is later.  In the applicant’s case,  the  captain  selection
board report was approved on 16 December 2002, after his two-year time-
in-grade.  The applicant has not submitted any evidence  that  he  was
treated any differently than any other similarly situated  individual.
Therefore, in view of the foregoing and in the absence of evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-
2003-02271 in Executive  Session  on  23  September  2003,  under  the
provisions of AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Jun 03, w/atchs.
      Exhibit B. Microfiche.
      Exhibit C. Letter, AFPC/DPAMW, dated 18 Jul 03.
      Exhibit D. Letter, SAF/MRBR, dated 22 Aug 03.
      Exhibit E. Applicant’s Response, dated 4 Sep 03.




                       JOHN L. ROBUCK
                       Panel Chair