RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00662
            INDEX CODE:  113.04
            COUNSEL:  NONE
            HEARING DESIRED:  YES

      MANDATORY CASE COMPLETION DATE: 4 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) for promotion to major be  changed  from  17 February
2005 to 17 April 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Following completion of his residency,  he  was  selected  for  subspecialty
surgical training in Minimally Invasive  Surgery,  which  at  the  time  was
offered  only  as  a  deferred  position.   After  receiving  this  deferred
position, he worked through his chain of command in an attempt to have  this
position converted to a civilian sponsored status with  full  knowledge  and
acceptance of the additional commitment and was  informed  that  there  were
not sufficient man years available for sponsorship.  In the fall of 2001  he
was selected for promotion to major with a pin on date  of  17  April  2003.
Upon completion of residency in June 2004, he was required to separate  from
the Air Force and enter obligated inactive Reserve status.  Unknown  to  him
at the time, this status made his previous promotion  “without  effect”  and
upon his return to active duty from his fellowship  in  July  2004,  he  was
still a captain (0-3).  While he was completing  this  additional  training,
all his classmates who had not been selected  for  post  residency  training
pinned on at the scheduled time.  He also learned that  colleagues  who  had
completed their entire residency and fellowship in a deferred status  (i.e.,
spent little to no time on active duty during that 7-year period) also  were
allowed to make rank on time and had already  pinned  on  major.   With  his
date of rank as it now stands, he will be 2 years late for  every  promotion
board for the rest of his Air Force career.  He feels  that  this  two  year
delay in terms of rank and  pay  as  a  result  of  completing  subspecialty
training is unjust.  At a minimum, he believes that his date of rank  should
be changed to the original date of 17 April  2003,  and  he  should  receive
time in service credit equal to his colleagues  who  complete  their  entire
training in deferred status.

In support of his request, applicant provides a  personal  statement,  email
communication  with  AFPC/DPPPOO  and  a  copy  of  his  2001  Active   Duty
Instructions.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was sponsored through the Air  Force  Academy  (USAFA)  from  June
1989  through  June  1993,  incurring  a  five  year  Active  Duty   Service
Commitment (ADSC).  He received sponsorship through medical  school  at  the
Uniformed Services University of Health Sciences (USUHS)  from  August  1993
to May 1997, incurring an additional seven year ADSC.  The  total  ADSC  for
the USAFA and USUHS was 12 years.  He applied and was selected by  the  1996
Joint Service Graduate  Medical  Education  Selection  Board  (JSGMESB)  for
general surgery residency from 1 July 1997 to 30 June 2002.  He applied  and
was selected (re-deferred) to  the  JSGMESB  for  a  12  month  laparoscopic
surgery fellowship (1 July 2002 to 30 June  2003).   On  13  December  2001,
applicant requested to enter a two year fellowship in laparoscopic  surgery.
 Request was approved and  training  length  adjusted  to  1  July  2002  to
30 June 2004.  Based on these commitments his ADSC date was extended  to  15
April 2016.

Applicant is currently serving on active duty in the grade of major  with  a
date of rank and effective date of 17 February 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO  recommends  denial.   DPPPO  states  the  applicant   previously
entered active duty on 17 May 1997.  Based on his DOR of 17 April 1997,  the
applicant was  eligible  to  meet  the  CY01A  Major  Medical  Corp  Central
Selection Board.  He was selected for promotion to major  with  a  projected
pin-on date of 17 April 2003.  The applicant separated in July 2002 and  was
not on active duty to accept the promotion.   Therefore,  the  promotion  is
without effect.  DPPPO advises the applicant  returned  to  active  duty  on
1 July 2004, was selected for promotion to major by the CY04A Major  Medical
Corps Central Selection  Board  which  convened  on  15 November  2004.   He
pinned on major 17 February 2005, the date the Senate  confirmed  the  list.
DPPPO advises there are no provisions in policy or law to allow  an  officer
to accept  a  promotion  once  he  has  separated  from  active  duty.   The
AFPC/DPPPO complete evaluation is at Exhibit B.

AFPC/DPAME  recommends  denial.   DPAME  states  the  applicant   signed   a
“Statement  of  Understanding”  on  22  January  2002,  which  outlined  the
contractual  commitment  between  the  officer  and  the  Air  Force.    The
colleagues the applicant refers  to  are  recipients  of  the  Armed  Forces
Health Professions Scholarship Program, unlike a USUHS  student  who  is  on
active duty  during  medical  school,  an  AFHPSP  student’s  status  during
medical school is in the inactive obligated  Reserve.   DPAME  advises  that
constructive credit is awarded  once  upon  initial  accession  onto  active
duty.  The applicant was awarded this credit  in  May  1997.   DPAME  states
that  since  the  applicant  signed  his  contract  accepting  the  unfunded
training on 22 January 2002, his  request  has  no  merit.   The  AFPC/DPAME
complete evaluation, with attachments, is at Exhibit C.

AFPC/JA recommends denial.   JA  states  that  given  the  language  of  the
statement  the  applicant  signed  on  22  January  2002,  the   applicant’s
contentions are disingenuous.  The agreement is clear that he could  not  be
promoted either while he was in deferred status or upon his  return-even  if
selected for promotion  before  entering  that  status.   Consequently,  not
awarding  the  applicant  a  promotion  effective  date  in  2003  does  not
constitute an error or injustice.  The AFPC/JA  complete  evaluation  is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  4  May
2007 for review and comment within 30 days.  As of this  date,  this  office
has received no response.

_________________________________________________________________

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 an error or injustice.  The applicant requests  that  his  date
of rank (DOR) for promotion to major be changed from 17 February 2005 to  17
April 2003.  After a thorough review of the applicant's submission  and  the
available evidence of record,  we  do  not  believe  his  date  of  rank  of
17 February 2005, is erroneous  or  unjust.   We  note  that  the  applicant
accepted and signed the contractual terms  of  his  ADSC  statements,  which
included the effects of redeferment on  promotion.   Therefore,  we  are  in
agreement 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 the absence of evidence to the contrary, we find no basis  to
recommend granting the relief sought in this application.  With  respect  to
the applicant's request to be awarded constructive credit, we note that  the
Chief, Physician  Education  Branch  advises  that  constructive  credit  is
awarded once upon initial accession onto active duty and the  applicant  was
awarded this credit in May 1997.  We defer and are in agreement  with  their
recommendation and conclude that no basis exists  upon  which  to  recommend
relief in a form  greater  than  what  has  already  been  afforded  to  the
applicant.

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 Docket  Number  BC-2007-006621
in Executive Session on 13 June 2007, under the provisions of AFI 36-2603:

            Mr. Michael V. Barbino, Panel Chair
            Ms. Renee M. Collier, Member
            Ms. Barbara R. Murray, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00662 was considered:

    Exhibit A.  DD Form 149, dated 23 Feb 07, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, AFPC/DPPPO, dated 30 Mar 07.
    Exhibit D.  Letter, AFPC/DPAME, dated 13 Apr 07, w/atchs.
    Exhibit E.  Letter, AFPC/JA, dated 25 Apr 07
    Exhibit F.  Letter, SAF/MRBR, dated 4 May 07.





                                   MICHAEL V. BARBINO
                                   Panel Chair