RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01694
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) to first lieutenant be changed from
5 January 2010 to 31 December 2009.
________________________________________________________________
APPLICANT CONTENDS THAT:
He graduated from Phase II of the Interservice Physician
Assistant Program (IPAP) on 30 December 2009 and signed his oath
of office on 31 December 2009. The Military Personnel Flight
was closed from 31 December through 3 January due to the
holidays and weekend. These events lead to his DOR being
established as 5 January 2010.
Six of his classmates that graduated from other locations had
their DORs as 31 December 2009 and were recently on the captain
selection board. The majors boards run from January to
December. His classmates will be eligible for promotion one
year before he is eligible although they started school the same
day and were all in the same program. Additionally, they all
had the same official graduation date. He requests his DOR be
changed to match his classmates to have the same opportunity for
promotion to major.
In support of his request, the applicant provides a statement
from the Chief Consultant for the Physician Assistants and a
copy of AF IMT 133, Oath of Office.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was appointed into the Air Force Reserves on
31 December 2009 and entered into extended active duty (EAD) on
5 January 2010.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. The applicants current DOR was
established in accordance with AFI 36-2604, which credits
officers ½ day for each day the officer performed active, but
not active duty, commissioned service in the grade in which they
entered the active duty list.
The applicant was commissioned on 31 December 2009 and entered
EAD on 5 January 2010. He received 50 percent credit from
31 December 2009 to 4 January 2010 for a total of 2 days which
established his date of rank as 3 January 2010. His EAD of
5 January 2010 was determined by his first day of travel.
The applicants date of commission was established one day prior
to extended active duty, not the day he outprocessed the
military personnel flight.
The complete DPSIPV evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 13 January 2012 for review and comment within
30 days. As of this date, this office has received no response
(Exhibit C).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the evidence presented, it appears the
applicants appointment date was appropriately established in
compliance with SecDef directive, Air Force Instructions and
Title 10, United States Code. We note the statute does allow
adjustment of the date of rank of an officer if, due to unusual
circumstances, the appointment is delayed from the date on which
it would otherwise have been made. As the applicant indicates,
due to his graduation from IPAP occurring during the holiday
season, his appointment was delayed due to no fault of his own.
Therefore, in an effort to offset any possibility of an
injustice, we recommend the applicants record be corrected as
indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show a Date of Rank
(DOR) in the grade of first lieutenant (O-2) of 31 December 2009
rather than 3 January 2010.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01694 in Executive Session on 5 April 2012, under
the provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIPV, dated 19 Dec 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 13 Jan 12.
Chair
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