RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01855
		INDEX CODE 135.01 131.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO  

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APPLICANT REQUESTS THAT:

He be appointed a major in the Air Force Reserve.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of captain.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

ARPC/DPA recommends the application be denied. ARPC/DPA states, in part, that the applicant was given all possible credit for prior service allowed.  Since he held the grade of warrant officer when he applied for appointment in the Air Force Reserve and the Air Force does not have a warrant officer corps, he could not be interservice transferred and had to accept a direct appointment in the grade of captain.

The ARPC/DPA evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that although the Air Force has no warrant officer corps, this does not negate the fact that he served faithfully as an officer in the armed services, whether it be a warrant officer or previously as a major.

The applicant’s complete response, with attachments, 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.  In this respect, we note that while serving as a major in the Army Reserve, the applicant reverted to a warrant officer in order to secure a flight position.  He interservice transferred to the Air Force Reserve and was appointed as a major. However, it was later determined that since the Air Force had no warrant officers, he could not receive an interservice transfer in the grade of major and he had to accept a direct appointment in the Air Force Reserve as a captain.  The applicant was led to believe that he would enter the Reserve as a major, and made his decision to enter based on this misinformation.  We note this Board is precluded by law from providing the requested relief since assignment of precedence or relative rank higher than that which was held on the day before transfer is precluded by statute.  However, in view of the above, and noting that the applicant was placed in a major position in his unit of assignment, we recommend he be promoted to the Reserve grade of major effective and with date of rank of 29 March 2001, the day after he was commissioned in the Air Force Reserve.  Therefore, we recommend his records be corrected to the extent 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 he was promoted to the Reserve grade of major, effective and with date of rank of 29 March 2001.

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The following members of the Board considered this application in Executive Session on 16 October 2001, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 22 Aug 01, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 31 Aug 01.
	Exhibit E.  Letter, Applicant, dated 13 Sep 01, w/atch.

                                   

AFBCMR 01-01855

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 APPLICANT, be corrected to show that he was promoted to the Reserve grade of major, effective and with date of rank of 29 March 2001.