RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01074
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to second lieutenant (2Lt) be recalculated to provide 100% credit for the months he spent completing his degree in the Air Force Institute of Technology (AFIT) Educational Delay Program (EDP).

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APPLICANT CONTENDS THAT:

His DOR to 2Lt should be changed from 9 March 2000 to 30 April 1999, his original date of commissioning.  Current instructions reward those who use the full allowance of time for an advanced degree and punish those with initiative who endeavor to complete the program early.  Because he was given incorrect information by the EDP manager indicating that all time in school would count toward rank on active duty, he completed his Masters Degree in 18 months, rather than the two years allowed.  As a result, he has been penalized 11 months in his current DOR.  He asks that the Board reexamine the current instructions to determine the need for an update and asks that a mechanism be put in place to provide better training and communication for students entering the EDP.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned on 30 April 1999, and entered active duty on 18 January 2001, as a 2Lt.  He received 10 months and 9 days of total service credit for the period 30 April 1999 to 17 January 2001, and was given a DOR of 9 March 2000.

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AIR FORCE EVALUATION:

The Superintendent, Line Officer Procurement Branch, HQ AFPC/DPPAO, reviewed the appeal and provided his rationale for recommending denial.

A complete copy of the Air Force evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant does not dispute that his DOR was computed correctly in accordance with AFI 36-2604.  However, he believes the current instruction creates a situation where a select number of EDP students who complete their degrees in less than two years are unfairly punished for their initiative.  He does not question the competency of the calculations, nor AFPC’s integrity in applying them, but the fairness of the instructions themselves.  This unfairness results from an inequity in the regulations used by AFPC and ARPC.  If an officer serves two years in the Reserve (like in Education Delay), he or she is promoted to first lieutenant (1Lt).  If an officer serves two years on active duty, he or she is promoted to 1Lt.  However, if an officer serves 1 year, 11 months and 30 days in the Reserve and then comes on active duty, he or she is not promoted for another year.  Not only does the officer lose a year of rank affecting all future promotions, but also the associated base pay and other benefits.  

He believes that the final solution to the problem can only be found in a permanent change in the current instructions.  However, he is aware that the Board has considered and granted similar requests from students in the EDP.

The applicant’s complete response is at Exhibit E.

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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 probable error or injustice warranting correction.  Notwithstanding the fact that the applicant’s plight was caused by the correct application of current policy, the Board agrees with the applicant that he is being penalized for completing his education program earlier than the 24 months allotted.  We find it troubling that, had the applicant taken the full 24 months to complete his program, he would have entered active duty as a second lieutenant with a DOR of 30 April 1999, rather than 9 March 2000, and been promoted to first lieutenant at a much earlier date.  The Board finds it plausible that the applicant believed he would receive full credit for the time spent in school.  In our opinion, requiring the applicant to wait the additional time to be promoted to first lieutenant would constitute an injustice.  Therefore, we recommend that the record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his date of rank to the Reserve grade of second lieutenant is 30 April 1999, and that he was promoted to the Reserve grade of first lieutenant effective and with a date of rank of 30 April 2001.

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The following members of the Board considered this application in Executive Session on 18 October 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 April 2001, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAO, dated 8 May 2001, w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 18 May 2001.
     Exhibit E.  Letter, Applicant, dated 8 June 2001.

                                   
                                   Panel Chair

AFBCMR 01-01074

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that his date of rank to the Reserve grade of second lieutenant is 30 April 1999, and that he was promoted to the Reserve grade of first lieutenant effective and with a date of rank of 30 April 2001.

		
		Director
		Air Force Review Boards Agency