RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03416
INDEX CODE:  131.05
	XXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His date of rank (DOR) to second lieutenant be recalculated to provide 100% credit for the months he spent completing his degree in the Educational Delay Program (EDP). 

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APPLICANT CONTENDS THAT:

His AFROTC Cadre had told him that he would receive 100% time in grade for the time spent completing his advance degree.  He was not aware that this only applied to those people using a full 24 months of educational delay.  He purposely completed his degree in 12 months to minimize time away from the Air Force.  Had he known of this policy, he would have continued his education and spent additional time in school.  His rush to enter active duty and the inequality of the regulation has cause a hindrance to his progression as an Air Force officer by delaying his promotion by six months.  He should not be punished for his diligence and efficiency in completing his degree earlier than 24 months.  

The applicant provided no evidence in support of his appeal.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enrolled in the Air Force Reserve Officer Training Corps (AFROTC) on 12 April 1994 at the age of 18.  Upon completion of the AFROTC program, he was commissioned a second lieutenant (O-1) on 1 May 1998.  He applied and was accepted for the Educational Delay Program to complete an advanced degree.  

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 18 November 2000.  He is presently serving on active duty in the grade of first lieutenant with a date of rank (DOR) of 18 November 2002. 

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AIR FORCE EVALUATION:

AFPC/DPPAO recommends the applicant’s request be denied.  The applicant’s DOR of 18 November 1998 was computed correctly in accordance with AFI 36-2604, Service Dates and Dates of Rank.  When the applicant applied for the Educational Delay Program, the application process required him to complete an AF Form 477, Application for Delay From Entry on Extended Active Duty (AFROTC).  This form provides information concerning DOR determination and requires the member to initial indicating they understand.  The Air Force Institute of Technology (AFIT) also gave the applicant information about DOR in accordance with AFI 36-2009, Delay in Active Duty for AFROTC Graduates.  

The DPPAO evaluation 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 the applicant on 6 December 2002 for review and response (Exhibit D).  As of this date, this office has received no response.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable 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 May 1998, rather than 18 November 1998, 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 6 June 1999, he was awarded a current grade of rank as a second lieutenant of 1 May 1998, and that he was promoted to the grade of first lieutenant effective 1 May 2000.

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The following members of the Board considered this application in Executive Session on 5 May 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records as recommended.  The following documentary evidence for AFBCMR Docket Number BC-2002-03416 was considered:

   Exhibit A.  DD Form 149, dated 15 Oct 02.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 26 Nov 02, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 6 Dec 02.

                                   

AFBCMR BC-2002-03416

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 XXXXXXXXXXXXXXXXXXX, be corrected to show that at the time he was ordered to extended active duty on 6 June 1999, he was awarded a current grade of rank as a second lieutenant of 1 May 1998, and that he was promoted to the grade of first lieutenant effective 1 May 2000.