RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02708
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given appointment to the next  higher  grade  according  to  new
service credit entitlement authorized effective 19 Dec 01.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is eligible for consideration for appointment  to  a  higher  grade
based on new promotion phase points effective 19 Dec 01.

In support of his appeal, applicant provided a copy of a  letter  from
HQ Air Reserve Personnel Center (HQ ARPC), dated 29 Jul 03.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Based on available records, applicant was appointed a captain  in  the
Reserve of the Air Force on 28 Mar 02.  His total federal commissioned
service date/current grade date of rank (TFCSD/CGDOR) is  28  Mar  02.
His Duty Title is Bioenvironmental Engineer.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed the application and  recommended  denial  of  the
applicant’s request for appointment  as  a  major.   They  recommended
based on SAF/OS authorized  change  to  promotion  phase  points  that
consideration be given to adjusting applicant’s  date  of  rank  by  3
years.

They gave the following analysis of the case:

        a.  Applicant was appointed in the USAFR  in  accordance  with
AFI 36-2005, Appointment in Commissioned Grades  and  Designation  and
Assignment in Professional Categories-Reserve of  the  Air  Force  and
United States Air Force, Table 2.1., Rule 3, as a captain effective 28
Mar 02, with 7 years constructive service credit.

        b.  HQ USAF/REPX provided interim guidance on  26  Nov  02  to
prepare all Reserve grade determinations for appointment to the  grade
of captain in accordance with SAF/OS authorization provided on 19  Dec
01, which changed the time in grade to 2 years for  promotion  to  the
grade of captain in  the  USAFR.   This  change  caused  a  change  in
promotion phase points for grade determination for  all  grades  above
the grade of first lieutenant.

However, applicant is not eligible for appointment to the higher grade
based on AFRC/SG policy effective 27 Aug 01 that limited  constructive
service credit to 7 years.  Based on this  policy  applicant  was  not
eligible for a waiver since  his  specialty  was  not  on  the  urgent
specialty requirements list and he did not have any prior commissioned
service.   Applicant  must  have  11  years  constructive  credit  for
appointment to the higher grade of major.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In the applicant’s response to the evaluation, he submitted additional
creditable experience as an environmental  engineer  for  the  board’s
review.

Applicant’s complete response, with attachments, 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 error or injustice warranting a change to the applicant’s
date of rank.  After reviewing  the  applicant’s  submission  and  the
evidence of record, we are persuaded that some  relief  is  warranted.
In this respect, we agree with the opinion and recommendation  of  the
office of primary responsibility that,  based  on  the  SAF/OS  policy
(19 Dec 01) change to promotion phase points, the applicant’s date  of
rank should be adjusted by 3 years.  This will award the applicant the
constructive service credit entitlements authorized by the said policy
change.  We  therefore  recommend  that  the  applicant’s  records  be
corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice warranting favorable consideration
of the applicant’s request for appointment in the grade of major.  The
applicant’s contentions are duly noted; however, we do not find  these
arguments in and of themselves, sufficiently  persuasive  to  override
the rationale provided by the  Air  Force.   We  therefore  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden of having suffered either an error or
an injustice.  In view of the above and absent persuasive evidence  to
the contrary, we find no compelling basis to recommend  granting  this
portion of his request.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that his date of  rank  to
the grade of captain is 28 March 1999 rather than 28 March 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-02708  in  Executive  Session  on  5  November  2003,  under  the
provisions of AFI 36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Mr. James W. Russell III, Member
                 Ms. Leslie E. Abbott, Member

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

     Exhibit A.  DD Form 149, dated 11 Aug 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPA, dated 12 Sep 03, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Sep 03.
     Exhibit E.  Letter, Applicant, dated 6 Oct 03, w/atchs.




                                   BRENDA L. ROMINE
                                   Panel Chair



AFBCMR BC-2003-02708




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 his date of rank
to the grade of captain is 28 March 1999 rather than 28 March 2002.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency