RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00385
            INDEX CODE:  102.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  11 AUG 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her corrected Reserve appointment date of 1 Apr 87  be  changed  to
6 Apr 93.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She was honorably discharged from active duty effect 31 Mar 87, per
Special  Order  AD-901,  dated  12  Mar  87.   Her  DD  Form   214,
Certificate of Release or Discharge  from  Active  Duty,  Block  9,
reflects Not Applicable, Block 23, reflects Discharge.  However, in
1993, when she requested appointment in the US  Air  Force  Reserve
(USAFR), she received Reserve Order PC-1787, dated 6 Apr  93,  with
an effective date of appointment of 1 Apr 87.  But, now, states the
effective date of appointment should have been April 1993.

She did not realize the impact of the  incorrect  appointment  date
until she notified  by  the  Headquarters,  Air  Reserve  Personnel
Center (HQ ARPC) of her mandatory separation date (MSD).

In support of her appeal, applicant submitted a copy of SO  AD-901,
dated 12 Mar 87 (order resigning from all appointments); a copy  of
RO PC-1787, dated 6 Apr 93 (Reserve Appointment order); a change of
name court order, dated 4 Jun 93; a copy of ANG/USAFR Point  Credit
Summary, closeout date, 12 Jul 05, and a copy of her DD  Form  214,
dated 31 Mar 87.

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

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the events under review, applicant, a  Regular  Air  Force
officer, entered active duty (EAD) on 12 Dec 76.  On 31 Mar 87, she
was honorably discharged from all appointments in the United States
Air Force,  in  the  grade  of  captain.   She  was  credited  with
10 years, 3 months, and 20 days of active duty service.

She was appointed as a Reserve of the Air Force  in  the  grade  of
captain with a promotion service date (PSD) of 2 Dec 80.  Applicant
requested that her date of appointment be corrected to 1 Apr 87 and
relief was granted under the correction of records process,  AFBCMR
93-00120, dated 18 Feb 93.

On  1  Apr  93,  she   was   reassigned   from   the   Nonobligated
Nonparticipating Reserve Personnel Section (NNRPS) to the  Inactive
Status List  Reserve  Section  (ISLRS)  effective  1  Apr  89.   On
24 Jun 94, her PSD was adjusted to 13 Jul 87  to  account  for  the
time she was assigned to ISLRS.

Applicant was progressively promoted to  the  grade  of  lieutenant
colonel with an effective date and DOR  of  13  Jul  01.   She  was
selected by the  Colonel’s  Promotion  Board  in  Oct  05  and  was
selected for promotion with a projected DOR of 1 Jun 06.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPA reviewed this application and recommended denial.  They
provided the following analysis of the case:

Applicant separated from active duty on 31 Mar 87, as  a  resigning
Regular  officer.   She  submitted  a  BCMR  request  to  have  her
appointment in the USAFR changed to 1 Apr 87 in order not to have a
break in service.  AFBCMR granted her relief and she was  appointed
in the grade of captain with a PSD of 2 Dec 80.  As a result of her
reassignment  from  NNRPS  to  ISLSR,  her  PSD  was  adjusted   to
13 Jul 87.

She now requests her appointment date to the USAFR  be  changed  to
6 Apr 93, the date appointment  order  (PC-1787)  in  the  AFR  was
published.

            HQ ARPC/DPB provided a review to  DPA  and  recommended
the applicant’s request be denied (attached).  They noted an  error
was made in 1993 when HQ ARPC computed her appointment after  being
granted relief  by  the  BCMR.   As  a  result  of  this  incorrect
computation the applicant met promotion boards she was  technically
not entitled to meet based on the  erroneous  appointment  made  in
1993.  They  recommend  the  current  request  be  denied  for  two
reasons: applicant was already been granted relief on this  matter,
and  the  change  she  requests  would  have  unintended   negative
consequences.

            HQ ARPC/DPP also recommends denial of  the  applicant’s
request, stating, in part, applicant was not selected for promotion
to colonel when she met the Colonel’s Promotion Board  in  Oct  04;
however, she was  selected  for  continuation  and  accepted.   Her
mandatory separation date (MSD) was adjusted to 31 May 06 (based on
30 years and 30 days).

DPA  states,  if  the  erroneous  computed   DORs   and   promotion
eligibility are corrected, the applicant would suffer  financially,
having been paid at the higher grade which she was not entitled  to
hold.  Lastly, if the civilian break in service is reinstated,  the
applicant could suffer both financially and  for  future  promotion
opportunity.  She has already been compensated for participation in
a higher grade she is not entitled to hold.

A complete copy of the evaluation, with DPB/DPP attachments, is  at
Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response to the evaluation,  the  applicant  indicates  that
after her separation, she applied for a Cat H position  as  an  Air
Force Academy Liaison Officer (ALO).  She was notified that she had
no inactive Reserve status, so her application was  not  processed.
She was advised to contact the Air Force Board  for  Correction  of
Military  Records  (AFBCMR),  and  request  an   inactive   Reserve
commission.  This is all she thought she was doing.  She  says  she
did not  specifically  request  that  her  Reserve  appointment  be
retroactive to her separation date.

She did not realize that there would be two negative effects  of  a
retroactive appointment; she did know that her Reserve career would
start  with  what  happens  to  be  six  “bad  years”  of   Reserve
participation, and that her Reserve career would  be  shortened  by
six years.  In retrospect, what she should  have  done  was  simply
apply for a reserve appointment, to be effective  at  the  time  of
appointment.  Her current application is to correct the error  made
in 1992.

In support of her appeal, applicant provided a copy of DD Form 293,
Application for the Review of Discharge or Dismissal from the Armed
Forces of the United States, dated 22 Oct 92 and  other  supporting
documents.

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________

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.  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.   The  applicant  requests   that   her   corrected   Reserve
appointment date of 1 Apr 87 be changed to 6 Apr 93.  In a previous
case, the Board corrected her records to show that she tendered and
accepted an appointment as a captain in the Air Force Reserve, with
an effective date of 1 April 1987.  The  applicant  now  says  that
this correction to her records was not what she  requested.   After
reviewing the application, HQ ARPC discovered  that  an  error  was
made in 1993 when they computed her appointment under direction  of
the Board and because of this incorrect computation  the  applicant
met promotion boards she was technically not entitled to meet based
on the erroneous appointment.  She has been considered and promoted
to the next higher grades earlier than she  was  entitled  to  hold
them.  She has been compensated for participation in a higher grade
she was not entitled to hold.  However, correcting the  erroneously
computed  dates  of  rank  and  promotion  eligibility   would   be
detrimental, as she would suffer financially and  future  promotion
opportunity.   Therefore,   we   agree   with   the   opinion   and
recommendation of the Air Force offices of  primary  responsibility
and adopt their rationale as the basis for our conclusion that  the
applicant has not been the victim of an  error  or  injustice.   In
view of the  above,  we  find  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  issues  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2006-00385 in Executive Session on 24 May 2006 and 27 July 2006,
under the provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPA, dated 12 Apr 06.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Apr 06.
    Exhibit E.  Letter, Applicant, dated 23 May 06, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair