RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02367
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 12 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to wear the rank of Major (0-4).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was promoted to the grade of Lieutenant Commander (LCDR/04) while
serving in the Navy Reserves, but was never pinned. He transitioned to the
Air Force. He is officially listed as a LCDR with the Navy and
respectfully requests his previous Navy rank be carried over to the Air
Force.
In support of the application, the applicant submits a copy of his
permanent appointment to LCDR letter, a copy of his Air Force Reserve
appointment order, and a copy of his extended active duty orders.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of
Capt (0-3) as a Staff Family Physician.
The remaining relevant facts pertaining to this application, extracted from
the Military Personnel Data System (MilPDS), are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPO recommends denial. DPPPO states the applicant was selected
for promotion to major by the FY06 Reserve Major Staff Corps Board which
convened on 28 Feb 2005. He has provided sufficient evidence of his
selection.
On 22 May 05, the applicant separated from the Navy Reserve in the grade of
Lieutenant (0-3). He was sworn into the Air Force Reserve on 23 May 05, in
the grade of captain (0-3). He subsequently entered the Regular Air Force
on 31 Jul 06 in the same grade.
The official Navy website indicates that Reserve LCDR and CDR become final
upon approval/signature of the Deputy Secretary of Defense. The results of
the board were not approved until 17 May 05 and released to the public on 2
Jun 05. The applicant was already on file with the Air Force prior to
approval of the board results. DPPPO opines he should not have been
authorized to sign for a promotion on 30 Jan 06 with an effective date of 1
Oct 05, both of which occurred after he was in the Air Force Reserves. Had
the promotion been valid, it could have transferred to the Reserves and
would have been processed by ARPC at the time of his entry.
DPPPO states the applicant has no entitlement to this promotion. He was in
the Air Force Reserves at the time of the Naval Reserve promotion board
approval; therefore, the promotion is not transferable.
DPPPO’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response dated 17 Nov 06, the applicant states he joined the Navy in
Aug 95 after medical school and served 5 years on active duty. All of his
duty assignments were with deployable units and he spent over seven months
deployed to Iraq. He received excellent fitness reports and passed all his
Physical Training tests. He decided to leave the active duty Navy and join
the Navy Reserves in Aug 04.
On/about 10 Jan 05, he was approached by an Air Force Recruiter and asked
to join the active duty Air Force after residency. The recruiter wanted
him to sign a contract as a Captain (0-3) in the Air Force Reserve. He
informed the recruiter that he had been selected for promotion to LCDR (0-
4) in the Navy Reserves and accepting Capt would be a demotion. He was
told by the recruiter that when he started active duty with the Air Force,
he would be directly promoted to major because of his years in service. He
was provided an unofficial Air Force pay chart which lists him as a major.
He subsequently signed up with the Air Force Reserves. The Air Force
recruiter did not submit the paper work to the Navy reserve for his
separation. He states the contract with the Navy should supersede the
contract with the Air Force since he was never formally discharged from the
Navy. Also, he was approved for promotion to LCDR six days before he
signed up with the Air Force. If he had any idea he was not going to be
promoted in the Air Force he would have waited a month before signing the
Air Force contract. Also, he should not have been allowed to sign up for
the Air Force Reserve since he was still in the Navy Reserve when he signed
the contract. He was not discharged from the Navy Reserve until 7 Sep 06.
Not only did his recruiter lie to him and tell him he would automatically
be promoted to major when he entered active duty Air Force, but he also
failed to discharge him from the Navy Reserve making his contract invalid
with the Air Force. He respectfully requests his time in service and his
performance as an officer be taken into consideration when deciding his
case.
The applicant’s complete response the Air Force evaluation is at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
HQ ARPC/DPB recommends denial. DPB notes Title 10 United States Code,
Section 14317(b) and (c) allows for transfer of a pending promotion
(provided the list is approved) if the officer is transferring from the
active duty list (ADL) to the Reserve active status list (RASL) or from the
RASL to the ADL of the same armed force and competitive category. While
the applicant was within the same competitive category, he changed armed
forces (USNR to USAFR). DPB states there is nothing invalid about the
USAFR contract based on date of discharge/appointment from the USNR.
DPB states the law specifically states a promotion may be transferred
within the same competitive category of the same armed force. The
applicant changed branches of the armed forces and is not entitled to a
promotion (Exhibit F).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to the
applicant for review and comment within 30 days on 17 Jan 07. As of this
date, no response has been received in this office (Exhibit D).
_________________________________________________________________
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 offices of primary
responsibility and adopt their rationale as the basis for the conclusion
that the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, 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 BC-2006-02367 in
Executive Session on 27 February 2007, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 01 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPO, dated 15 Oct 06, w/atch.
Exhibit D. Letters, SAF/MRBR, dated 27 Oct 06, and AFBCMR, dated
10 Jan 07.
Exhibit E. Letter, Applicant, dated 17 Nov 06
Exhibit F. Letter, HQ ARPC/DPB dated 3 Jan 07.
KATHLEEN F. GRAHAM
Panel Chair
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