RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00151
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Air National Guard (ANG) promotion to lieutenant colonel be transferred to the active duty Air Force.
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APPLICANT CONTENDS THAT:

Prior to accepting a voluntary recall to active duty, he was wrongfully counseled that the active Air Force would accept his promotion to lieutenant colonel.  From the beginning, he was concerned with the Air Force approval of his Air Guard promotion and was told on several occasions that it would be honored.  It was not until after he returned to active duty that he was informed the promotion would not be honored.  He believes the promotion should be honored due to the misinformation given and the influence it had on his decision to return to active duty in July as opposed to the original November timeframe initially agreed upon.

In support of his request, applicant submits a personal statement, electronic mail from HQ AFPC/DPPPOO and HQ AFPC/DPAOC, and a copy of his promotion order.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant has prior service with the Air National Guard (ANG).  National Guard Bureau Special Order Number AP-298, dated 21 November 2002, reveals that the applicant was listed for extended Federal recognition and promotion to the Reserve of the Air Force grade of lieutenant colonel, with a promotion service date (PSD) of 1 May 02 and an effective date of 13 November 2002.

On 10 July 2002, the applicant was voluntarily ordered to extended active duty in the grade of major, with a date of rank (DOR) of 6 December 1997 and an effective date of 10 July 2002.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPO indicates that, prior to the applicant’s return to active duty, he met and was selected for promotion to lieutenant colonel by an Air National Guard Lieutenant Colonel Position Vacancy Board, which convened in June 2002.  DPPPO states that, in order for the promotion to be valid and brought over to extended active duty, the applicant would have had to wait to enter active duty until 14 November 2002, the day after approval of the promotion by the President.  The applicant entered active duty on 10 July 2002.  Had the applicant been given the correct information, DPPPO believes the applicant would have waited until after he pinned on to enter extended active duty.  By law, the applicant is not entitled to bring the promotion over to extended active duty because he did not pin-on first.  There are no other regulatory or legal provisions that can authorize the applicant to transfer his promotion to active duty.  But, DPPPO believes the applicant should be granted some type of relief due to the counseling he was provided.  If the Board should elect to grant relief to the applicant, DPPPO recommends that the applicant’s record be corrected to show that he entered active duty under the Limited Period Recall program (LPRP) for a period of three (3) years, and he was subsequently ordered to extended active duty, effective 14 November 2002.  This would allow the applicant to accept the promotion and enter active duty as a lieutenant colonel, with a date of rank of 1 May 2002 and an effective date of 14 November 2002.  The HQ AFPC/DPPPO evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he understands the favorable letter.  To reiterate, if he had been properly counseled, he would not have entered active duty prior to 14 November 2002.  The applicant’s complete submission, is at Exhibit D.
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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.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that relief is warranted.  In this respect, we are in agreement with the opinion and recommendation of the appropriate Air Force office, HQ AFPC/DPPPO, that the applicant’s decision to enter active duty on 10 Jul 02 rather than 14 Nov 02 was based on inaccurate information he was provided.  Had the applicant been properly counseled, we believe he would have waited until after he pinned on lieutenant colonel to enter active duty.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent 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 on 10 July 2002, he entered active duty under the Limited Period Recall Program (LPRP) for a period of three years and, effective 14 November 2002, he was ordered to extended active duty in the grade of lieutenant colonel, with a date of rank of 1 May 2002 and an effective date of 14 November 2002.
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The following members of the Board considered this application in Executive Session on 10 April 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-00151.

   Exhibit A.  DD Form 149, dated 10 Jan 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 26 Feb 03.
   Exhibit C.  Letter, SAF/MRBR, dated 7 Mar 03.
   Exhibit D.  Letter from Applicant, dated 13 Mar 03.