RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02026
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of lieutenant colonel be changed from 13 Oct 99 to 15 Sep 99.

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APPLICANT CONTENDS THAT:

Because of an administrative error, he will be ineligible for promotion consideration by the Fiscal Year 03 Air Force Reserve Line and Nonline Colonel Selection Board.  

In support of his appeal, the applicant submitted a copy of his accelerated promotion request dated 3 Sep 99 (Exhibit A).

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STATEMENT OF FACTS:

Information extracted from the applicant’s master personnel record reflects Duty Effective Date as 10 Oct 99; Primary/Duty Air Force Specialty Code (P/DAFSC) as 62E4, Duty Position Number as 0033281, and Duty Position Grade is 05.

Other 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.  

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AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed the application and recommended denial.  They gave the following analysis of the case:

	a.  The applicant was selected for promotion to the grade of lieutenant colonel by the FY00 Line and Health Professions Lieutenant Colonel Selection Board in Jun 99.  His commander and senior rater recommended accelerating his promotion with a date of rank (DOR) and effective date of 13 Oct 99.

	b.  The letter recommending the accelerated promotion requested a DOR of 15 Sep 99.  The recommendation for accelerated promotion was based on the applicant demonstrating the ability to perform in the grade of lieutenant colonel, and that the position the applicant occupied was a valid vacancy in the grade of lieutenant colonel.

	c.  According to data available in both MILPDS and the legacy personnel data system, the applicant did not occupy the position until 10 Oct 99.  Based on HQ ARPC’s information, they received the request about a month before the applicant actually occupied the position.  Title 10 U.S.C. Section 14308 (e) states an officer on a select list may be promoted at any time to fill a valid vacancy.  AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, paragraph 6.5, implements the policy.  The position occupied by the officer must be a higher graded position at the time of the request for acceleration.  The did not occupy the position at the time of the request.  He did not occupy the higher graded position until 10 Oct 99, so he was not eligible to receive the accelerated promotion until that date or later.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He states that he has been assigned to a Lt Col’s slot since June 97, but HQ ARPC never generated an assignment order.  His reporting official and assignment have been the same since Jun 97 until the present.  He was approved for accelerated promotion to Lt Col effective 15 Sep 99.  The request was made in accordance with AFI 36-2504, which states, “the officer must occupy, or be reassigned to, the position at the time of request for acceleration.”  His request was dated 3 Sep 99, and specifically stated, “…this officer … has been assigned to a Lt Col position.”

He further states that HQ ARPC had no assignment order documenting the 0-5 slot that he was assigned to since 1997.  Failing to find supportive documentation for the slot, they issued an order, with training not earlier than 10 Oct 99; therefore, his date of rank became 13 Oct 99.  Unfortunately, the error was not discovered until Jun 02 when the promotion board began.  The cut-off date for the promotion was 30 Sep 99, 13 days after the cut-off, which has resulted in a one year delay for meeting the eligibility criteria for the 0-6 promotion board.

HQ ARPC maintains that his accelerated promotion is unsupported because he was not serving in an 0-5 slot at the time of the request (3 Sep 99).  In fact, they failed to generate an assignment order indicating the correct 0-5 slot assignment in 1997.  Without supportive documentation in hand, HQ ARPC “fixed” the problem by executing an assignment order, with training not earlier than 10 Oct 99, but they have no background documentation to support issuing the assignment order as the definitive order to assign the DOR.  HQ ARPC makes every effort to ensure the most accurate, up-to-date information on its members.  Inadvertently, either by mistake or through misinformation, they made an error in this case.

In addition to the support of his appeal, applicant provided a letter from his supervisor.

Applicant’s complete responses, with attachments, are 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 a correction of applicant’s date of rank (DOR) and consideration for promotion to the Reserve grade of colonel by a Special Review Board (SRB).  In this regard, we noted the supporting statement submitted by the applicant’s supervisor during the period in question, who stated that the applicant had been assigned to an O-5 slot, effective 5 June 1997, while he was a major, and that he has served continuously in an O-5 slot to the present time.  For whatever reason, it appears that orders were never issued reassigning the applicant to the O-5 slot.  Nevertheless, in view of the statement provided by his supervisor, we are persuaded that he was occupying a valid vacancy at the time that his commander and senior rater recommended him for an accelerated promotion.  Therefore, to remove any possibility of an injustice to the applicant, we believe his records should be corrected to show that he was promoted to the Reserve grade of lieutenant colonel effective 15 September 1999.  We further recommend that he be considered for promotion to the grade of colonel by a Special Review Board for the FY03 Line and Nonline Colonel Selection Board.

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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 lieutenant colonel with a date of rank and effective date of 15 September 1999 rather than 13 October 1999.

It is further recommended that he be considered for promotion by a Special Review Board (SRB) and that his record be evaluated in comparison with the records of officers who were and were not selected by the FY03 Line and Nonline Colonel Selection Board, which convened in October 2002; if he is recommended for promotion by a Special Review Board, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date, so that all necessary and appropriate actions may be completed.

If he is not recommended for promotion by the Special Review Board, the office of primary responsibility advise him of the recommendation of the Special Review Board.

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The following members of the Board considered AFBCMR Docket Number 02-02026 in Executive Session on 24 October 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 Jun 02, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 23 Jul 02, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.
     Exhibit E.  Letters, Applicant, dated 12 Sep 02 and 22 Sep 02,
                 w/atchs; letter from Applicant’s former
                 supervisor, dated 12 Sep 02.

                                   Panel Chair

AFBCMR 02-02026

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 lieutenant colonel with a date of rank and effective date of 15 September 1999 rather than 13 October 1999.

	It is further directed that he be considered for promotion by a Special Selection Board (SSB) and that his record be evaluated in comparison with the records of officers who were and were not selected by the FY03 Line and Nonline Colonel Selection Board, which convened in October 2002; if he is recommended for promotion by a Special Selection Board, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date, so that all necessary and appropriate actions may be completed.

	If he is not recommended for promotion by the Special Selection Board, the office of primary responsibility advise him of the recommendation of the Special Selection Board.

		Director
		Air Force Review Boards Agency