RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03502
						
							COUNSEL: None

							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 on the Educational Delay Program (EDP). 

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APPLICANT CONTENDS THAT:

He completed his degree on the EDP early and thought he would receive 100% credit toward time in grade (TIG). He worked in good faith but instead of receiving credit for the full 24 months, he is being penalized for his diligence and effort with a 50% reduction in his TIG. Therefore, he will be required to wait an additional year to receive the next higher rank. This will be detrimental to both his career and finances because his subsequent DORs for each promotion will be affected throughout his entire career.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was commissioned on 1 October 1998 and entered active duty on 6 June 1999 as a second lieutenant.  He received four (4) months and one (1) day total service credit for the period 1 October 1998 to 5 June 1999 and given a DOR of 3 Feb 1999.

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AIR FORCE EVALUATION:

The Superintendent, Line Officer Procurement Branch, HQ AFPC/DPPAO, reviewed the appeal and provided his rationale for recommending denial.

A complete copy of the Air Force evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 6 December 2002 for review and comment within 30 days.  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.

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 October 1998, rather than 3 February 1999, 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 his date of rank to the Reserve grade of second lieutenant is 1 October 1998, and that he was promoted to the Reserve grade of first lieutenant effective and with a date of rank of         1 October 1998.

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The following members of the Board considered this application in Executive Session on ______2002, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

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

   Exhibit A.  DD Form 149, dated 21 Oct 02, w/atch.
   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.

                                   

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2002-03502

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 his date of rank to the Reserve grade of second lieutenant is 1 October 1998, and that he was promoted to the Reserve grade of first lieutenant effective and with a date of rank of 1 October 1998.