RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  02-03578
			INDEX CODE:  131.05
			COUNSEL:  NONE

							HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) be adjusted from 15 November 1996 to 15 November 1999.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to his release from active duty, Reduction-In Force, in 1992, and subsequent return to active duty seven years later, his DOR was recalculated as 15 November 1996.  This new DOR afforded him one officer performance report (OPR) as a captain when he was considered for major in the primary zone, while other officers met the same board with 4-7 OPRs as a captain.  His reduced number of OPRs were primarily due to his initial and requalification training as a B-52 Electronic Warfare Officer encompassing approximately 50% of his active duty time, receiving only training reports not OPRs.

His lifelong desire has been to serve in the US Air Force as a career officer and the readjustment to his DOR would allow him a fair opportunity to meet that goal.

The applicant's complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned as a second lieutenant in the Reserve of the Air Force on 7 May 1988.  He entered on extended active duty on 20 October 1988 and was progressively promoted to the grade of captain with an effective date and date of rank of 28 July 1992.  He was released from active duty and transferred to the inactive reserve on 31 December 1992.

Applicant returned to extended active duty on 11 March 2000 in the grade of captain with an adjusted date of rank of 15 November 1996.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO reviewed the applicant’s request and found that his date of rank was computed correctly.  In accordance with AFI 36‑2604, Service Dates and Date of Rank, paras 7.5.1.1 and 7.5.1.2, applicant was given 100% credit for all active duty in the grade of captain and one-half day credit for each day that he performed active--but not active duty--commissioned service in the grade in which applicant entered the active duty list (ADL).  Applicant has 5 months and 3 days active duty in the grade of captain and 2 years, 10 months, and 23 days of active service, for a total of 3 years, 3 months and 26 days.  When this total is subtracted from the entry to active duty date, you arrive at a date of rank of 15 November 1996.

The complete evaluation, with attachment, is at Exhibit C.  

HQ AFPC/DPPPO recommended disapproval.  Based on the applicant’s DOR of 15 November 1996, he met the CY02A Major Central Selection Board which convened on 19 Feb 02.  He was not selected for promotion.  He also met the CY02B Major Central Selection Board which convened on 28 Oct 02.  To date, those results have not been released.

Although the applicant had only one OPR as a captain before meeting his first board, this is not any more unusual than those officers returning to active duty under the Voluntary Recall program and other Reserve transfer programs.  Current EAD requirements for meeting a promotion board for officers returning to active duty is 12 months.

If he is nonselected off the CY02B board, he will be offered continuation to retirement eligibility.

The complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 Jan 03 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit E).

___________________________________________________________________

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.  Applicant’s contentions that his date of rank (DOR) to the grade of major should be adjusted to 15 November 1999 are duly noted.  However, we do not find these arguments sufficiently persuasive to override the rationale expressed by the Air Force.  After careful review of the evidence provided, we found no evidence showing that the applicant’s established DOR was contrary to the governing instruction and policy in effect at the time or that he has been treated differently than others who were similarly situated.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 02-03578 in Executive Session on 18 March 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Oct 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAO, dated 2 Dec 02, w/atchs.
    Exhibit D.  Letter, HQ AFPC/DPPPO, dated 26 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.