RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02919
INDEX NUMBER: 131.00
XXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be appointed to the grade of major in the Air Force Reserve based
on new promotion phase points effective 19 Dec 01.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is eligible for consideration of appointment to the higher grade
based on new promotion phase points effective 19 Dec 01.
In support of his application the applicant references a memorandum
from HQ ARPC/DPAB, dated 29 Jul 03.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was an interservice transfer from the US Army Reserve
appointed into the US Air Force Reserve in the grade of captain in
accordance with Title 10, United States Code (USC), Section 12208,
“Officers: Appointment Upon Transfer,” and AFI 36-2005, “Appointment
in Commissioned Grades and Designation and Assignment in Professional
Categories--Reserve of the Air Force and United States Air Force.”
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPA recommends denial of the applicant’s request. The
applicant was appointed appropriately as an interservice transfer from
the Army Reserve in the same competitive category to the line of the
Air Force Reserve. Applicant held the grade of captain and was
appointed with the same date of rank held in the parent service.
AFI 36-2005, Table 2.3, Rule 8 states “appoint in the grade held in
the parent service.” The applicant was incorrectly notified by HQ
ARPC that he fell under criterion that changed the time in grade for
promotion to captain in the Air Force Reserve to two years. This
change caused a change for grade determination for all grades above
first lieutenant.
The complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3
Oct 03 for review and comment within 30 days. To date, a response has
not been received.
_________________________________________________________________
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 opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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 Docket Number BC-2003-
02919 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
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPA, dated 17 Sep 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 3 Oct 03.
BRENDA L. ROMINE
Panel Chair
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