RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:					DOCKET NUMBER: 02-00705
								INDEX CODE 102.08
	 							COUNSEL: No 

								HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to second lieutenant be recalculated to provide 100% credit for the months he spent completing his degree on the Educational Delay Program (EDP), giving him a DOR of 20 May 00 rather than 2 Dec 00. 

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APPLICANT CONTENDS THAT:

He completed his degree on the EDP early and, instead of receiving 100% credit for the 24 months toward time in grade (TIG), he is being penalized for his diligence and effort with a 50% reduction in his TIG. Therefore, he will be required to wait an additional year to receive the next higher rank. This is not an uncommon injustice done to any EDP student who completes a graduate degree and comes on active duty in less than 2 years. The injustice occurs in a student's transition from being governed by Air Reserve Personnel Center (ARPC) regulations to Air Force Personnel Center (AFPC) regulations. Specifically, there is an inequity in how each organization computes an individual's current grade DOR and handles promotions for those individuals in the EDP.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned on 20 May 00 and entered active duty on 15 Jun 01 as a second lieutenant.  He received 6 months and 13 days total service credit for the period 20 May 00 to 14 Jun 01 and given a DOR of 2 Dec 00.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAO reviewed the appeal and provided their rationale for recommending denial.

A complete copy of the evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant concurs that, according to the current Air Force Instruction, his DOR was indeed computed correctly. He is not disputing that fact or pointing a finger of blame at either AFPC or ARPC. His goal rather is simply to bring to light an inequity between the AFPC and ARPC DOR/promotion guidelines that creates an injustice for a select few officers. The justification for his submission is: A second lieutenant on active duty for 2 years is promoted to first lieutenant.  An officer on EDP as a member of the Reserves for 2 years is promoted to first lieutenant. However, if that same officer is called to active duty at 1 year, 11 months and 31 days, he remains a second lieutenant and loses an entire year towards the promotion to first lieutenant. This may not be such a big issue for those officers who plan on getting out after their initial commitment is up. However, for those planning on making a career in the Air Force, this injustice reverberates through the years by affecting pay by thousands of dollars per promotion.

The applicant's complete submission 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 correct application of current policy, the Board agrees with the applicant that he is being penalized for completing his education program earlier than 24 months. 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 20 May 00, rather than 2 Dec 00, and been promoted to first lieutenant at a much earlier date. 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 20 May 00, rather than 2 Dec 00.

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The following members of the Board considered this application in Executive Session on 23 April 2002, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR 02-00705 was considered:

   Exhibit A.  DD Form 149, dated 25 Feb 02, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 12 Mar 02, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Mar 02.
   Exhibit E.  Letter, Applicant, dated 17 Mar 02.

                                   

AFBCMR 02-00705

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 20 May 2000, rather than 2 December 2000.