RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03244
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her original date of rank (DOR) to second lieutenant (2Lt) (O-1)
be changed to 14 February 2003.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She does not agree with how her DOR was computed. Her effective
date of duty was 28 February 2003, not 4 March 2003, which was
her report-not-later-than (RNLT) date. She executed her orders
as instructed on 28 February 2003 and was present for duty prior
to 4 March 2003. Her classmates record, who was commissioned
with her, shows 14 February 2003 as his original DOR. Her DOR
should be identical to his.
In support of her appeal, the applicant provides copies of her
Extended Active Duty (EAD) Order and her Statement of Service.
The applicants 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 captain (O-3) with a DOR of 16 February 2007.
The remaining relevant facts, extracted from the applicants
military service records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. DPSIPV states that during an
audit of records in the 2003 year group of officers to meet the
major promotion board, it was discovered the applicants original
DOR to 2Lt was incorrect. It should have been 17 February 2003
rather than 16 February 2003 and was corrected accordingly. The
applicant was notified at the time of the correction. The error
in her DOR occurred due to her EAD date being recorded as
28 February 2003 rather than 1 March 2003 causing her original
DOR to be 16 February 2003, which gave her one day too much
credit. The EAD was corrected and established as 1 March 2003.
The Department of Defense Financial Management Regulation, Volume
7A, Chapter 1, paragraph 010201C, indicates Commencement of
travel in compliance with an order is considered acceptance for
pay purposes establishing the EAD. The member must be in a pay
status to be on active duty. The effective date of duty on the
applicants order was on or after 28 February 2003. She chose to
start travel on 1 March 2003, not using her full amount of
authorized travel time.
The DOR is computed in accordance with Air Force Instruction 36-
2604, Service Dates and Dates of Rank. Reserve officers receive
50 percent credit for the period of time between the
commissioning date and EAD by determining the number of days of
service as a Reserve officer then dividing by two (50 percent)
and subtract from the EAD. In the applicants case, the number
of days between 31 January 2003 and 28 February 2003 equals
28 days, 50 percent equals 14 days subtracted from her EAD of
1 March 2003, resulting in 17 February 2003. The 14 days cannot
be subtracted from 28 February 2003 because that is the last day
of Reserve service used to determine the 28/14 days and 1 March
2003 was her first day of active duty (EAD).
DPSIPV indicates that if the Boards decision is to grant relief,
then the applicants DOR to 2Lt should be returned to the
original date 16 February 2003.
The complete DPSIPV evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 21 October 2011 for review and response within 30 days
(Exhibit D). 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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
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 AFBCMR Docket Number
BC-2011-03244 in Executive Session on 5 April 2012, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence for AFBCMR Docket Number
BC-2011-03244 was considered:
Exhibit A. DD Form 149, dated 18 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 21 Sep 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11.
Chair
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