RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03319

	 	COUNSEL:  NONE

	  	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive a waiver of the 12-month Extended Active Duty (EAD) requirement, and he receive supplemental promotion consideration for the Calendar Year 2002B (CY02B) Central Major Selection Board.

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APPLICANT CONTENDS THAT:

Prior to entering active duty under the Recall program, he was advised that he would meet the CY02B Major Board that was scheduled to convene on 3 October 2002.

The applicant states that while on active duty, he was selected for promotion to the grade of major by the Fiscal Year 2003 (FY03) Air Force Reserve Major Selection Board that convened on 11 February 2002.  He questioned the validity of the promotion and was told by his Military Personnel Flight (MPF) that the promotion was legitimate and the projected promotion remained in the system.  On 2 October 2002, he discovered the promotion was invalid and is was too late for him to request a waiver of the 12 month EAD requirement and meet the CY02B Major Board.

The applicant’s complete submission is at Exhibit A.

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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 at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPPO recommends the applicant’s EAD requirement be waived to the normal six months and he be allowed supplemental consideration for promotion to the grade of major by the CY02B Major Line Central Selection Board which convened on 3 October 2002. AFPC/DPPPO states, in part, that the applicant did not have sufficient time to request a waiver to meet the board and because he has been in a continuous active status, he has a record competitive with his peers.

The AFPC/DPPPO evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 8 November 2002 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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.  In this respect, we note that on 3 January 2002, the applicant returned to active duty under the Voluntary Recall Program, with the understanding that he would be eligible to meet the CY02 Major Board.  On 14 December 2001, the Secretary of the Air Force approved a requirement that all Reserve officers returning to active duty be ineligible for promotion for one year in order to build an active duty record.  The applicant was not advised of the 12-month EAD requirement until 2 October 2002.  AFPC/DPPPO has reviewed this application and recommends approval.  In view of the above, we recommend the applicant be given a waiver of the EAD requirement, as an exception to policy, and he be considered for promotion to the grade of major by a Special Selection Board (SSB) for the CY02B Central Major 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, as an exception to policy, the requirement that he be serving on extended active duty for a period of 12 months prior to promotion consideration is waived by competent authority and that he be considered for promotion to the grade of major by a Special Selection Board for the Calendar Year 2002B Central Major Selection Board.

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The following members of the Board considered AFBCMR Docket Number 02-03319 in Executive Session on 26 November 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 10 Oct 02.
  	Exhibit B.  Applicant's Master Personnel Records.
  	Exhibit C.  Letter, AFPC/DPPPO, dated 1 Nov 02.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 02.

		                                  

AFBCMR 02-03319

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code, and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, as an exception to policy, the requirement that he be serving on extended active duty for a period of 12 months prior to promotion consideration is waived by competent authority and that he be considered for promotion to the grade of major by a Special Selection Board for the Calendar Year 2002B Central Major Selection Board.