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AF | BCMR | CY2003 | BC-2003-02919
Original file (BC-2003-02919.doc) Auto-classification: Denied

                       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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