RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03722
INDEX CODE: 102.07
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 JUN 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Reinstatement of his promotion to major by the CY00A Major Medical Corps
Central Selection Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believed he would return to active duty as a major, since the CY00A
Major Medical Corps Central Selection Board selected him for promotion.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the Personnel Data System reflects that on 15 July
1999, applicant was appointed a captain with a date of rank (DOR) of
3 December 1995. He was selected for promotion by the CY00A Major Medical
Corps Central Selection Board, which convened on 6 November 2000.
On 1 July 2001, he separated in the grade of captain to pursue a second
residency and returned to active duty in the grade of captain on 29 July
2004.
He was selected for promotion to the grade of major by the CY004A Medical
Corps Central Selection Board with a DOR of 17 February 2005.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAMF2 states the applicant signed a statement of understanding, which
reads “I understand that I must be on the Active Duty List in order to be
considered for active duty promotion by a central selection board. I
understand that while I am in a redeferred status, I will retain the
current-grade-date-of-rank (CGDOR) that I held at the time of my
separation.”
The DPAMF2 evaluation, with attachments, is at Exhibit C.
HQ AFPC/DPPPO recommends denial. DPPPO states that the applicant separated
from active duty on 1 July 2001, to complete a residency in Anesthesiology.
Based on this date of separation (DOS), he was not on active duty to
accept the promotion. Therefore, the promotion is without effect. Had he
remained on active duty, he would have been promoted to major on 3 December
2001.
The DPPPO evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to the applicant on 25
Feb 05 or review and response 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; however, we agree
with the opinions and recommendations of the Air Force and adopt their
rationale as the basis for the conclusion that the applicant has not been
the victim of an error or injustice. The applicant states that he believed
he would return to active duty as a major since the CY00A Major Medical
Corps Central Selection Board selected him for promotion. However, the
evidence of record shows he signed a Memorandum of Understanding
acknowledging that if he had a projected active duty promotion, he would
become ineligible for that promotion upon separating from active duty.
Since he was not on active duty to accept the promotion his promotion was
without effect. 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-2004-03722
in Executive Session on 26 April 2005, under the provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMF2, dated 15 Dec 04, w/atch.
Exhibit D. Letter, AFPC/DPPPO, dated 17 Feb 05.
Exhibit E. Letter, SAF/MRBR, dated 25 Feb 05.
B. J. WHITE-OLSON
Panel Chair
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