RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02973
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Rank (DOR) to Captain be changed to 23 Dec 98 and that he receive any associated back pay.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was selected for promotion to the rank of Captain by the CY97C Captain (LAF/JAG/CHAP/MSC/BSC/NC) Central Selection Board but was unable to pin-on because of a projected separation date.  He separated in Jan 98, and accepted an individual mobilization augmentee (IMA) billet in Apr 99, with points for a good year in 1998.  

His research determined that his promotion selection on the active duty list (ADL) should have transferred over to the reserve active status list (RASL) upon his acceptance into the Reserve.  Conversations with HQ ARPC/DPJA suggest that the one-year requirement to serve as a reservist is eliminated under these findings.  

In support of applicant’s appeal, he provided a copy of Promotion Statement of Understanding and his Reserve Promotion order to Captain.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Documentation provided by the applicant indicated that while on active duty he was selected for promotion to the grade of captain with a projected date of rank of 23 Dec 98.  He was released from active duty on 4 Jan 98, and transferred to the Air Force Reserve, effective 5 Jan 98.

Information extracted from the Personnel Data System (PDS) indicates his total active federal commissioning service date/total years service date (TAFCSD/TYSD) as 16 Dec 94.  His DOR to first Lieutenant was 23 Dec 96.  He is currently serving in the Reserve grade of captain having been promoted to that grade, effective 1 Oct 00.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They indicate the applicant was placed on the FY02 Captain selection list with a projected DOR of 23 Dec 01, which was the appropriate RASL promotion list based on the law in effect at that time.  

Utilizing the authority of 10 U.S.C. Section 14308(e), the applicant’s senior rater requested an accelerated promotion and he was awarded a DOR of 1 Oct 00, 14 months earlier than his RASL date allowed by law.

The original active duty promotion date has no applicability once an officer transfers to the RASL.  In the applicant’s case, he was promoted when he met all the legislative and policy requirements to hold the higher grade.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Oct 02 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 are convinced that the applicant was promoted at the appropriate time when he met all the legislative and policy requirements to hold the higher grade.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 AFBCMR Docket Number 02-02973 in Executive Session on 8 January 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Apr 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 1 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.