RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2003-02508
                 INDEX CODE:  131.04
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion to the grade of major be reinstated with a date of rank  (DOR)
of 20 May 2001.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was selected for promotion to major with a projected date of rank  of  20
May 2001.  He separated on 30 June  2000  to  pursue  Cardiology  Fellowship
Training in obligated Reserve status.  After he completed  his  training  he
returned to active duty on 7 July 2003.

In support of his appeal, the applicant  submits  a  copy  of  Statement  of
Understanding for Promotion,  Medical  Corps  and  a  Report  on  Individual
Person prepared on 3 August 1999.

The applicant's complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade  of  captain.
He entered active duty on 20 May 1995 and based on his DOR of 20  May  1995,
he met the Calendar Year 1999A (CY99A) Major Medical Corp Central  Selection
Board.  He was selected for promotion to major with a projected  DOR  of  20
May 2001.  He separated from  active  duty  on  30  June  2000  to  complete
Cardiology Fellowship Training  and  was  carried  in  an  inactive  Reserve
status.  He was not on the active duty list when the  promotion  would  have
become effective.  Therefore the promotion is without effect.   He  returned
to active duty on 7 July 2003 as a captain with a DOR of  20  May  1995  and
will meet the CY03A Major Medical Corps Central  Selection  Board  scheduled
to convene on 17 November 2003.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial of  the  applicant's  request.   There  are  no
provisions in policy or law to allow the applicant to keep a promotion  that
is no longer in effect.  While  he  was  completing  his  training,  he  was
ineligible for active duty promotions  because  he  was  no  longer  on  the
active duty list.

The DPPPO evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In June 98, four General Cardiology positions were projected  to  be  vacant
in Fiscal Year 2003.  Two of the positions were to  remain  on  active  duty
and the other two were re-deferred/non-sponsored positions.  He  volunteered
to receive the training and was selected for  a  re-deferred  position.   He
returned to active duty on 7 Jul 03 expecting to receive an  appointment  as
a major upon his return.  It was his impression that a General  Cardiologist
without prior service was appointed the rank of major when  entering  active
duty based  on  the  education  and  training  requirements.   However,  his
previous  rank  of  captain  was  reinstated  without  accounting  for   his
additional specialized training.  His complete submission is at Exhibit E.

___________________________________________________________________

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 an injustice that would warrant some  corrective  action.   The
applicant signed a Statement of Understanding at the time  he  accepted  his
redeferment making him aware that he would not be promoted to the  grade  of
major and would return to active duty in the grade of  captain.   Therefore,
we find no evidence establishing that an error has  occurred.   However,  in
view of his prior selection for promotion to the grade of major  and  noting
that  General  Cardiologist  with   no   prior   military   experience   are
commissioned in the grade of major, we believe the applicant  has  been  the
victim of an injustice.  We  have  been  informed  that  additional  service
credit cannot be awarded in order for  him  to  be  eligible  to  return  to
active duty in the grade of major.   Therefore,  we  recommend  that  he  be
promoted to the grade of major while he was in the Reserves, and that he  be
returned to active duty in that grade.  Therefore,  we  recommend  that  his
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:

      a.  He was considered and selected  for  promotion  to  the  grade  of
major by the Fiscal Year 2004 Air Force Reserve Line and Health  Professions
Major Promotion Selection Board.

      b.  On 1  June  2003,  competent  authority  approved  an  accelerated
promotion to the grade of major.

      c.  On 1 July 2003, he was promoted to the Reserve grade of major.

      d.  On 7 July 2003, he returned to active duty in the grade of  major,
rather than captain.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02508 in Executive Session on 14 Oct 03, under the  provisions  of  AFI  36-
2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Robert H. Altman, Member
      Mr. Albert Ellett, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 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.
    Exhibit E.  Letter, Applicant, dated 8 Sep 03.




                             JOHN L. ROBUCK
                                             Panel Chair

AFBCMR BC-2003-02508




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:

            a.  He was considered and selected for promotion  to  the  grade
of major by  the  Fiscal  Year  2004  Air  Force  Reserve  Line  and  Health
Professions Major Promotion Selection Board.

            b.  On 1 June 2003, competent authority approved an  accelerated
promotion to the grade of major.

            c.  On 1 July 2003, he was promoted  to  the  Reserve  grade  of
major.

            d.  On 7 July 2003, he returned to active duty in the  grade  of
major, rather than captain.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency