RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02496
		
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His time spent completing his degree on the Educational Delay Program (EDP) be recalculated to provide 100% credit so that his date of rank (DOR) to second lieutenant (2LT) would be 1 July 2000, rather than 6 January 2001.
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APPLICANT CONTENDS THAT:

Discrepancies between current Air Force Personnel Center (AFPC) and Air Reserve Personnel Center (ARPC) promotion instructions adversely affect Educational Delay students who complete the Educational Delay Program (EDP) in less than two (2) years.  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.  The injustice occurs in the transition from being governed by ARPC’s regulations to AFPC’S regulations.  Specifically, there is an inequity in how each organization computes an individual’s current grade date of rank (CGDOR) for individuals participating in EDP.  Had he completed his master’s degree in 24 months, he would have been promoted to the grade of lLT while in a reserve status and would have entered active duty as a lLT.  However, because he completed the requirements in 12 months versus 24 months, he is being penalized.

On 1 Jul 00, he entered the Educational Delay Program (EDP) to complete the requirements for his master’s degree.  While participating in the program, he was assigned to the Obligated Reserve Section (OSR) concurrent with his appointment in the Air Force Reserve.  Upon completing his master’s degree (1 Jul 00 to 11 Jul 01), on 12 Jul 01, he was ordered to Extended Active Duty (EAD) in the grade of second lieutenant (2LT), with a CGDOR of 6 Jan 01.

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant was commissioned on 1 Jul 00 and entered active duty (EAD) on 12 Jul 01 as a second lieutenant (2LT).  He is currently serving on EAD in the grade of 1LT, with an effective date and date of rank (DOR) of 6 Jan 03.
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AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends the application be denied.  DPPAO states that the applicant was credited with 6 months and 8 days of total service and given a date of rank of 6 Jan 01 as a 2LT.  The applicant provided no evidence that he was miscounseled.  DPPAO indicated that, based on governing directives, the applicant’s DOR was computed correctly.  However, if the decision is to grant the relief sought, the applicant’s record should be corrected to reflect a DOR of 1 Jul 00 as a 2LT.

The HQ AFPC/DPPAO evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 6 September 2002 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 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 1 Jul 00, rather than 6 Jan 01, and been promoted to first lieutenant at a much earlier date.  The Board finds it plausible that the applicant believed he 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, at the time he was ordered to extended active duty on 12 July 2001, he was awarded a current grade date of rank as a second lieutenant of 1 July 2000, and that he was promoted to the grade of first lieutenant on 1 July 2002.
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The following members of the Board considered this application in Executive Session on 3 March 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR 02-02496 was considered:

   Exhibit A.  DD Form 149, dated 30 Jul 02, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 3 Aug 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 02.

                                   

AFBCMR 02-02496

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, at the time he was ordered to extended active duty on 12 July 2001, he was awarded a current grade date of rank as a second lieutenant of 1 July 2000, and that he was promoted to the grade of first lieutenant on 1 July 2002.