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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