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AF | BCMR | CY2003 | BC-2003-03355
Original file (BC-2003-03355.doc) Auto-classification: Approved





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03355
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to major (0-4) be changed from 1  October  2000
to 26 June 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Proper procedures were followed by his Reserve Advisor and  supervisor
to  accomplish  an  accelerated  promotion,  effective  19 June  2000.
However, the 11th Wing Reserve Personnel office  and  HQ  Air  Reserve
Personnel Center (ARPC) either lost or did not act on the  accelerated
promotion letter even when received by them in a timely manner.

In support of his  appeal,  the  applicant  has  provided  letters  of
support from HQ USAF/REI, the HQ AFRES Officer Training Corps, and his
then rater, now retired, a copy of a letter from HQ  ARPC/DPB,  and  a
copy  of  the  letter  originally  recommending  him  for  accelerated
promotion to major.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The FY00 Reserve of the  Air  Force  Major  Line  Mandatory  Selection
Board, A0401A that convened on 6 March 2000,  selected  the  applicant
for promotion to the grade of major.   The  applicant’s  senior  rater
requested an accelerated promotion via a letter dated  22  June  2000.
The DOR requested was 19 June 2000.  His DOR to major was  established
as 1 October 2000.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the  request  for  accelerated
promotion was received by ARPC on 19 December 2001 and returned to the
applicant on 26 February 2002 because the letter  was  received  after
the applicant had been promoted ( 1 October 2000) and 18 months  after
the proposed accelerated DOR.  DPB also indicates the  application  is
over the three-year time limit to apply and should therefore be denied
on this basis alone.

DPB’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Regarding the timeliness issue, the applicant argues that the DD  Form
149 states the relevant date for  submitting  a  BCMR  application  is
within three years of “…the date of discovery  of  the  alleged  error
occurred.”  He believes he is  inside  the  three-year  window  as  he
received notification of his  erroneous  DOR  on  1 October  2000  and
signed his application on 30 September 2003.  He does  not  argue  the
ARPC/DPB contention that his supervisor was unaware of the requirement
that the accelerated promotion request be received two days  prior  to
the proposed DOR.  He clarifies DPB’s statement that  his  application
“…was received by ARPC on 19 December 2001 and  returned  26  February
2002…” by stating that his application  was  resent  to  ARPC  by  his
supervisor when it became apparent ARPC had not received the  original
request.  He respectively requests the Board honor the intent  of  the
rater and senior rater at the time and grant him an effective  DOR  of
26 June 2000.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  It  appears  HQ  ARPC  misplaced  or
never received the original request for accelerated promotion  of  the
applicant.  Regardless, inaction by HQ ARPC does  not  invalidate  his
supervisor and Reserve Advisor’s intent to accelerate  his  promotion.
Therefore, we recommend that the records  be  corrected  as  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 he was promoted to the
Reserve grade of major, effective and with a date of rank of  26  June
2000 rather than 1 October 2000.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 December 2003, under the provisions of AFI 36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Kathleen F. Graham, Member
      Mr. J. Dean Yount, Member

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

    Exhibit A.  DD Form 149, dated 30 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 16 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Oct 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary





BC-2003-03355




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 he was promoted
to the Reserve grade of major, effective and with a date of rank of 26
June 2000 rather than 1 October 2000.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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