RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03645
		INDEX NUMBER:  131.05
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Date of Rank (DOR) to the grade of Major be corrected to 9 October 1996.

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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:

Applicant was appointed a 1st Lieutenant, Reserve of the Air Force, Biomedical Service Corp (BSC), on 15 May 87.  He entered extended active duty (EAD) on 1 Oct 87, and was progressively promoted to the grade of captain on 26 Aug 88.  He was integrated into the Regular component on 8 Mar 91 in the grade of captain.  On 2 Aug 92, he was honorably discharged to enter the Uniformed Services University of Health Sciences (USUHS).  On 3 Aug 92, he was appointed a 2nd Lieutenant, Reserve of the Air Force, Medical Service Corp (MSC).  He was a student at USUHS from 3 Aug 92 to 17 May 96.

On 17 May 96, he was honorably discharged to accept a Regular Air Force appointment.  On 18 May 96, he was appointed a captain, Regular Air Force, MSC, and entered active duty with a current grade date of rank (CGDOR) to the grade of captain of 9 Oct 90.

He was considered and selected for promotion to the grade of major by the CY96 Medical Corps/Dental Corps (MC/DC) Major Board.  He is currently serving on active duty in the grade of major, with a date of rank of 23 May 1997.  He has a projected promotion to the grade of lieutenant colonel.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPOO reviewed this application and recommended denial.  They indicate that the applicant met the CY96 Medical Corps/Dental Corps (MC/DC) Major Board, which was convened on 12 November 1996, and was the first board scheduled after his entry on active duty.  The board results were approved on 13 Jan 97 and the Senate confirmed the list on 23 May 97.  Medical and Dental Corps boards are held the same time every year.  In accordance with DOD Dir. 1320.7, para 4a, MC/DC officers are promoted on their six year anniversary of their current grade date of rank (CGDOR) or date of Senate confirmation, whichever is later.

They further state that applicant believes his circumstances are unique and unusual.  However, it is not uncommon for officers in nonline competitive categories to come on active duty with a large amount of constructive service credit.  Unfortunately, they do not have enough time to come on in the higher grade and they must meet the first board scheduled for their competitive category as in the applicant’s case.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions that it seems the effective date of promotion should be when the Senate confirms the board but the actual date of rank (DOR) should be corrected to follow the intent of the regulation, which is to promote the officer on their six-year anniversary.

He further states that he believes his situation is unique and the fact that 53 other officers had similar situations (lost time in grade and pay) does not mean that nothing should be done.  He says, if this is the typical situation, there is even more argument that something should be done.

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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Applicant’s contentions that his date of rank (DOR) to the grade of major should be adjusted to 9 October 1996, his six-year anniversary of his current grade DOR (CGDOR), rather than 23 May 1997, the date of Senate confirmation of the promotion list, are duly noted.  However, we do not find these uncorroborated arguments, in and of themselves, sufficiently persuasive to override the rationale expressed by the Air Force.  The applicant met and was selected for promotion by the CY96 Medical Corps Board on 12 November 1996, which was the first board scheduled after his 18 May 1996 entry on active duty.  The board results were approved on 13 January 1997 and the Senate confirmed the list on 23 May 1997.  The governing instruction provides that Medical Corps/Dental Corps (MC/DC) officers are promoted on their six-year anniversary of their CGDOR or date of Senate confirmation, whichever is later (emphasis added).  After careful review of the evidence provided, we found no evidence showing that the applicant’s established DOR was contrary to the governing instruction and policy in effect at the time or that he was treated differently than others who were similarly situated.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered this application AFBCMR Docket Number 01-03645 in Executive Session on 8 May 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPOO, dated 1 Mar 02.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 02, w/atchs.
    Exhibit E.  Letter, Applicant’s Response, undated