RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02919
		INDEX NUMBER:  131.00
	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be appointed to the grade of major in the Air Force Reserve based on new promotion phase points effective 19 Dec 01.
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APPLICANT CONTENDS THAT:

He is eligible for consideration of appointment to the higher grade based on new promotion phase points effective 19 Dec 01.

In support of his application the applicant references a memorandum from HQ ARPC/DPAB, dated 29 Jul 03.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was an interservice transfer from the US Army Reserve appointed into the US Air Force Reserve in the grade of captain in accordance with Title 10, United States Code (USC), Section 12208, “Officers: Appointment Upon Transfer,” and AFI 36-2005, “Appointment in Commissioned Grades and Designation and Assignment in Professional Categories--Reserve of the Air Force and United States Air Force.”

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AIR FORCE EVALUATION:

HQ ARPC/DPA recommends denial of the applicant’s request.  The applicant was appointed appropriately as an interservice transfer from the Army Reserve in the same competitive category to the line of the Air Force Reserve.  Applicant held the grade of captain and was appointed with the same date of rank held in the parent service.

AFI 36-2005, Table 2.3, Rule 8 states “appoint in the grade held in the parent service.”  The applicant was incorrectly notified by HQ ARPC that he fell under criterion that changed the time in grade for promotion to captain in the Air Force Reserve to two years.  This change caused a change for grade determination for all grades above first lieutenant.

The complete evaluation, with attachments, 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 3 Oct 03 for review and comment within 30 days.  To date, a response has not been received.

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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.  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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of 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 Docket Number BC-2003-02919 in Executive Session on 5 November 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPA, dated 17 Sep 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.