RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01723
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to captain be adjusted from 24 April 2002 to 3 March 2002.

_________________________________________________________________

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.

_________________________________________________________________

STATEMENT OF FACTS:

The 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. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPOO states applicant entered active duty on 7 September 2001 as a first lieutenant with a date of rank of 3 March 2000.  Based on the amount of constructive service credit he received, he became immediately eligible for promotion to captain.

Based on the applicant’s EAD date, the first captain board he was eligible to meet was the CY02A Captain (MSC) Central Selection Board, which on 19 February 2002.

In accordance with AFI 36-2501, Officer Promotions and Selective Continuation, Attachment 2, paragraph 2.2, first lieutenants on the Active Duty List selected for promotion to the captain are promoted after completing 24-months time-in-grade computed from their DOR as a first lieutenant, or upon Assistant Secretary of Defense (Force Management Policy) approval of the captain selection board report, whichever is later.  Applicant’s 2-year anniversary was 3 March 2002 and the board results were approved on 24 April 2002.  Therefore, the applicant’s date of rank      24 April 2002 is correct.

The date of rank of an officer who holds a grade as of the result of a promotion is the date of his appointment to that grade.  Appointments in the grade of first lieutenant or captain shall be made by the President, which has been delegated to ASD (FMP) per OSD Memorandum.  Therefore, they recommend denial of applicant’s request.  They further state that the establishment of applicant’s DOR is consistent with AF Instruction and Law.  There are no provisions in law what would enable the Air Force to backdate the DOR of officers prior to approval of a promotion list.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 August 2002, a complete copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office. 

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Staff and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application on 24 September 2002, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 May 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPOO, dated 31 Jul 02.
   Exhibit D.  Letter, AFBCMR, dated 9 Aug 02.

                                   
                                   Panel Chair