RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02336
INDEX CODES: 123.08, 131.09
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be retroactively promoted to the grade of first lieutenant.
She receive back pay and credit for lost service time.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her effective date of pay should be 10 Dec 99, her Total Years Service
Date/Promotion List Service Date (TYSD/PLSD) should be 20 Jun 99, and
her rightful credit of service should be three (3) plus years.
In support of her appeal, the applicant provided extracts from her
military personnel records, and copies of a memorandum and money order
receipts.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force
(Nurse Corps), on 10 Dec 99, with a date of rank of 14 Jul 99. She
was voluntarily ordered to extended active duty on 4 Jan 00.
On 22 Oct 22, the applicant was honorably discharged from all
appointments in the Air Force under the provisions of 36-3207
(Nonselection, Permanent Promotion). She was credited with 2 years, 9
months, and 19 days of active service. Her pay date was 10 Dec 99 and
her TYSD/PLSD was 20 Jun 99.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO recommended denial noting that the applicant was projected
for promotion to the grade of first lieutenant with a date of rank and
effective date of 10 Dec 01. On 10 Jul 01, the applicant was notified
of action to delay her promotion. On 10 Apr 02, the applicant's
commander recommended she be found not qualified for promotion (NQP)
to the grade of first lieutenant. On 10 Oct 02, the Secretary of the
Air Force determined that the applicant was NQP to the grade of first
lieutenant and directed she be immediately discharged from the Air
Force.
According AFPC/DPPPO the propriety actions initiated on the applicant
were reviewed by the major command (MAJCOM) and Air Force legal
offices and found to be legally sufficient to warrant the actions
taken.
A complete copy of the AFPC/DPPPO evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 22
Aug 03 for review and response. As of this date, no response has been
received by this office (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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. The applicant's complete
submission was thoroughly reviewed and her contentions were duly
noted. However, we do not find the applicant’s assertions or the
documentation submitted in support of her appeal sufficient to
persuade us that corrective action is warranted. The evidence of
record indicates that the applicant was discharged from the Air Force
as a result of her nonselection for promotion. No evidence has been
presented which would lead us to believe that the applicant was
erroneously denied promotion, or that her service credit and dates
were inaccurate. Therefore, we agree with the recommendation of the
OPR and conclude that the applicant has failed to sustain her burden
of establishing that she has suffered either an error or an injustice.
Accordingly, we find no compelling basis to recommend granting the
relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2003-02336 in Executive Session on 23 Sep 03, 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 7 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPO, dated 18 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 22 Aug 03.
JOHN L. ROBUCK
Panel Chair
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