RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03277
            INDEX CODE:  112.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His appointment date in the Air National Guard (ANG) of 7  April  2003
be changed to 19 May 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

By changing his appointment date to 19 May 2003, he can receive proper
credit for his time in grade from previous active duty with the  Navy.
At the time of his appointment in the ANG he believed his DOR to be in
error and was told a correction would be submitted.  In September 2003
he was told his DOR  was  calculated  on  appointment  by  an  earlier
version of AFI 36-2005.  The updated version of AFI 36-2005  is  dated
19 May 2003.  Under the older AFI, ANG appointments had to have  seven
years prior service in order to be appointed as a captain (0-3).   The
updated AFI requires only four years of prior service.   He  feels  he
will  be  adversely  affected  regarding  future  promotions  and  his
remaining career with the ANG.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and copies of a DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty, select portions  of  his  ANG  appointment
package, Table 2.1 from AFI 36-2005 dated 15 August 1994 and Table 2.1
from AFI 36-2005 dated 19 May 2003.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is a prior service Naval Reserve Officer who separated  from
the Navy on 31 March 2000.  He had served eight years, ten months, and
two days of commissioned service at the time of  his  separation.   He
was appointed as a captain in the New York ANG (NY  ANG)  effective  7
April 2003.

_________________________________________________________________


AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  The applicant  was  appointed  under  the
auspices of AFI 36-2005, dated 1 May  1998,  wherein  it  states  that
prior service officers may be appointed as captains if they have seven
years of service.  Any amount of service  beyond  the  seven  required
will be subtracted from his appointment date to establish DOR for  the
applicant.  Hence as the applicant was appointed with eight years, ten
months, and two days of service  credit,  seven  years  were  used  to
appoint him as a captain and the remaining one year, ten  months,  and
two days were used to compute his DOR.  He was therefore  appointed  a
captain effective 7 April 2003 with a DOR of 5 June 2001.  The updated
AFI requires only four years of prior service to appoint as a captain.
 Had the applicant been appointed after 19 May 2003, he would have had
four years, ten months, and two days of service credit subtracted from
his appointment date which would significantly increase his DOR making
him eligible for promotion to major much sooner than his  current  DOR
does.

DPPI’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National  Guard  evaluation  was  forwarded  to  the
applicant on 19 December 2003 for review and comment within  30  days.
As of this date, no response has been received by this office.

_________________________________________________________________

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 to
include the inauspicious timing of his appointment; however, the
majority of the Board agrees with the opinion and recommendation of
the Air National Guard office of primary responsibility and adopt
their rationale as the basis for their conclusion that the applicant
has not been the victim of an error or injustice but unfortunate
timing only.  Therefore, in the absence of evidence to the contrary,
the majority of the Board finds no compelling basis to recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03277  in  Executive  Session  on  3  February  2004,  under  the
provisions of AFI 36-2603:

      Ms. Charlene Bradley, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Martha Maust, Member

By a majority vote, the Board voted to deny the request.  Ms. Martha
Maust voted to correct the record and does not desire to submit a
minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 26 Nov 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




                                   CHARLENE BRADLEY
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




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Office Of The Assistant Secretary





BC-2003-03277




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of Applicant.

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency