RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03824
		INDEX CODE:  
		COUNSEL:  NONE	

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of rank to major be adjusted to reflect the date of rank (DOR) he would have received following his transfer from the Active Duty List (ADL) to the Reserve Active Status List (RASL).

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APPLICANT CONTENDS THAT:

He was selected for promotion to major on active duty by the CY00A major selection board which convened on 4 Jan 00.  His line number was 720.  He then transferred without a break in service as an active Reservist in the same category.  In accordance with AFI 36-2504, he should have been transferred from the ADL to the RASL and subsequently promoted to major with an appropriate DOR as an active Reserve officer.  His DOR would have been 1 Sep 00 if he had stayed on active duty.  His Reserve DOR is 1 Oct 01.

In support of his request, applicant provided documents associates with his active duty selection for promotion; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a copy of his AF Form 133, Oath of Office; an excerpt from AFI 36-2504.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed s second lieutenant, Reserve of the Air Force on 31 May 89 and was voluntarily ordered to extended active duty on that same date.  He was progressively promoted to the grade of captain effective and with a date of rank of 31 May 93.  He was selected for promotion to the grade of major by the CY00A Central Major Selection Board.  On 19 Jul 00, he was discharged from active duty after completion of required service and on 20 Jul 00, his name was placed on the RASL.  He was promoted to the grade of major on 1 Oct 01.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states that Title 10 U.S.C., Section 14317(c) allows officers with a pending ADL promotion to transfer that promotion to the RASL, and authorizes the officer to be placed on "...an appropriate promotion list..."  AFI 36-2504, which implements the law, states that "Any officer selected for promotion to a higher grade, who transfers from the ADL to the RASL of the same armed force, will receive their promotion providing the officer remains in the same competitive category.  The officer's DOR on the RASL is calculated using the current Reserve of the Air Force requirements for In-the-Primary Zone (IPZ) promotions for the officer's competitive category."  As of the day he was accessed to the Reserve, RASL promotion requirements were 7 years time in grade as a captain and 12.5 years total service.  His DOR was 31 May 93, with 31 May 89 as the commissioning date.  He was IPZ eligible for RASL consideration for the FY02 major's board.  He was placed on this select list with a DOR of 1 Oct 01, the most senior date available to that board.  

He was placed on the appropriate RASL selection list as defined by law when he transferred to the RASL.  Once departing active duty, the date awarded from that selection board had no bearing on his RASL promotion.  He was awarded the earliest RASL promotion date.  The DPB evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Dec 02 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant corrective action.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility that the applicable statutes and regulations were properly applied in determining the applicant's date of rank to the grade of major.  Evidence has not been presented which would lead us to believe otherwise.  Accordingly, we 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 persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03824 in Executive Session on 29 Jul 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Nov 02.
    Exhibit B.  Letter, ARPC/DPB, dated 12 Dec 02.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Dec 02.