RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01257
		INDEX CODE 131.05
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her time spent completing her degree on the Educational Delay Program (EDP) be recalculated to provide 100% credit so that her date of rank (DOR) to second lieutenant (2LT) would be 9 Jun 00, rather than 12 Feb 01.

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APPLICANT CONTENDS THAT:

She completed her degree on the EDP early and, instead of receiving 100% credit for the 24 months toward time in grade (TIG), she is being penalized for her diligence and effort with a 50% reduction in her TIG. Therefore, she will be required to wait an additional 8 months 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. Because EDP students are maintained as Reservists, their status differs from other new accessions. Precedent already exists for the correction she requests.

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned on 9 Jun 00 and entered active duty on 15 Oct 01 as a second lieutenant.  She spent 1 year, 4 months and 6 days in the EDP and received 8 months and 3 days total service credit. Her DOR to 2LT is 12 Feb 01.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPAO advised that, in accordance with AFI 36-2604, the applicant was given 50% credit from the date she was commissioned to the day she entered active duty. Had she taken over 2 years to complete her degree, she would have been promoted at the 20-year point from the date of her commission. Based on governing directives, her DOR was computed correctly and her request should be denied.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant acknowledges that her DOR was computed correctly according to the current directive, wherein the problem lies. An inequity exists between Air Reserve Personnel Center (ARPC) and Air Force Personnel Center (AFPC) in the DOR/promotion guidelines which creates an injustice for a select few officers like herself.  This injustice affects her salary by thousands of dollars per promotion because each promotion happens 1 year later than it otherwise would have occurred. She cites another applicant in similar circumstances who received relief from the Board. Unless this “hole” in the regulations is remedied between AFPC and ARPC, adjusting records on a case-by-case basis is the best way to make things right.

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 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 she is being penalized for completing her education program earlier than 24 months. We find it troubling that, had the applicant taken the full 24 months to complete her program, she would have entered active duty as a second lieutenant with a DOR of 9 Jun 00, rather than 12 Feb 01, and can be promoted to first lieutenant at a much earlier date.  The Board finds it plausible that the applicant believed she would receive full credit for 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 her date of rank to the Reserve grade of second lieutenant is 9 Jun 00, and that she was promoted to the Reserve grade of first lieutenant effective and with a date of rank of 9 Jun 02.

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The following members of the Board considered this application in Executive Session on 3 September 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR 02-01257 was considered:

   Exhibit A.  DD Form 149, dated 10 Apr 02, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 31 May 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 14 Jun 02.

AFBCMR 02-01257

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 her date of rank to the Reserve grade of second lieutenant is 9 Jun 00, and that she was promoted to the Reserve grade of first lieutenant effective and with a date of rank of 9 Jun 02.