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AF | BCMR | CY2004 | BC-1994-03576-2
Original file (BC-1994-03576-2.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-1994-03576
                                        INDEX CODE: 102.07

      XXXXXXX                     COUNSEL: NONE

      XXXXXXX                           HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to second lieutenant be recalculated to provide  100%
credit for the months he spent completing  his  degree  on  the  Educational
Delay Program (EDP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed his degree on the EDP early and thought he would  receive  100%
credit toward time in grade (TIG).  He worked in good faith but  instead  of
receiving credit for the full 24 months,  he  is  being  penalized  for  his
diligence and effort with a 50% reduction  in  his  TIG.   Furthermore,  the
AFBCMR has, on more than one occasion, granted  the  relief  he  is  seeking
(AFBCMR 02-03157).

_________________________________________________________________

STATEMENT OF FACTS:

On 21 March 1995, the Board considered applicant’s request that his  DOR  to
second lieutenant be changed from 27 October 1993 to  24  April  1993.   The
Board found insufficient evidence of an error or injustice  and  denied  the
application.  For an accounting of the facts and  circumstances  surrounding
the application, and the rationale of the earlier  decision  by  the  Board,
see the Record of Proceedings at Exhibit G.

In  an  application,  dated  1  October   2003,   the   applicant   requests
reconsideration of his  request  and  provides  a  copy  of  the  Record  of
Proceedings of an AFBCMR case in which  similar  relief  was  granted.   The
applicant’s complete submission, with attachments, is at Exhibit H.

_________________________________________________________________




THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of error or injustice warranting correction.  Notwithstanding  the
fact that applicant’s plight was caused by correct  application  of  current
policy, the Board agrees with the applicant that he is being  penalized  for
completing his education  program  earlier  than  24  months.   We  find  it
troubling that, had the applicant taken the full 24 months to  complete  his
program, he would have entered active duty as a  second  lieutenant  with  a
DOR of 24 April 1993, rather than 27 October  1993,  and  been  promoted  to
first lieutenant at a much earlier date.  The Board finds it  plausible  the
applicant believed he would receive full credit for time  spent  in  school.
In our opinion, requiring the applicant to wait the additional  time  to  be
promoted to first lieutenant would constitute  an  injustice  affecting  his
entire career.  In this regard, having earlier  DORs  for  first  lieutenant
and  second  lieutenant  would  have  made  him   eligible   for   promotion
consideration to captain much sooner.  Given the 100 percent selection  rate
for that grade and the fact that his DOR to captain has  already  passed  in
time, we believe he should also be promoted to captain  with  a  DOR  of  24
April 1997.  Therefore,  we  recommend  that  the  record  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  at  the  time  he  was  ordered  to
extended active duty on 1 May 1994, he was awarded a current grade  date  of
rank as a second lieutenant of 24 April 1993; and he  was  promoted  to  the
grade of first lieutenant on 24 April 1995, and to the grade of  captain  on
24 April 1997.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-1994-03576
in Executive Session on 12 May 2004, under the provisions of AFI 36-2603:

                       Mr. Charles E. Bennett, Panel Chair
                       Ms. Brenda L. Romine, Member
                       Mr. Edward H. Parker, Member










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

    Exhibit G.  Record of Proceedings, dtd 21 Sep 95, w/atchs.
    Exhibit H.  DD Form 149, dated 1 Oct 03, w/atchs.




                                   CHARLES E. BENNETT
                                   Panel Chair
AFBCMR BC-1994-03576




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 XXXXXXX, XXXXXXX, be corrected to show that at the time he was
ordered to extended active duty on 1 May 1994, he was awarded a current
grade date of rank as a second lieutenant of 24 April 1993; and he was
promoted to the grade of first lieutenant on 24 April 1995, and to the
grade of captain on 24 April 1997.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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