RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03277
		INDEX CODE:  112.02

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His appointment date in the Air National Guard (ANG) of 7 April 2003 be changed to 19 May 2003.

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APPLICANT CONTENDS THAT:

By changing his appointment date to 19 May 2003, he can receive proper credit for his time in grade from previous active duty with the Navy.  At the time of his appointment in the ANG he believed his DOR to be in error and was told a correction would be submitted.  In September 2003 he was told his DOR was calculated on appointment by an earlier version of AFI 36-2005.  The updated version of AFI 36-2005 is dated 19 May 2003.  Under the older AFI, ANG appointments had to have seven years prior service in order to be appointed as a captain (0-3).  The updated AFI requires only four years of prior service.  He feels he will be adversely affected regarding future promotions and his remaining career with the ANG.

In support of his appeal, the applicant has provided a personal statement and copies of a DD Form 214, Certificate of Release or Discharge from Active Duty, select portions of his ANG appointment package, Table 2.1 from AFI 36-2005 dated 15 August 1994 and Table 2.1 from AFI 36-2005 dated 19 May 2003.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is a prior service Naval Reserve Officer who separated from the Navy on 31 March 2000.  He had served eight years, ten months, and two days of commissioned service at the time of his separation.  He was appointed as a captain in the XXX ANG (XX ANG) effective 7 April 2003.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  The applicant was appointed under the auspices of AFI 36-2005, dated 1 May 1998, wherein it states that prior service officers may be appointed as captains if they have seven years of service.  Any amount of service beyond the seven required will be subtracted from his appointment date to establish DOR for the applicant.  Hence as the applicant was appointed with eight years, ten months, and two days of service credit, seven years were used to appoint him as a captain and the remaining one year, ten months, and two days were used to compute his DOR.  He was therefore appointed a captain effective 7 April 2003 with a DOR of 5 June 2001.  The updated AFI requires only four years of prior service to appoint as a captain.  Had the applicant been appointed after 19 May 2003, he would have had four years, ten months, and two days of service credit subtracted from his appointment date which would significantly increase his DOR making him eligible for promotion to major much sooner than his current DOR does.

DPPI’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National Guard evaluation was forwarded to the applicant on 19 December 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 to include the inauspicious timing of his appointment; however, the majority of the Board agrees with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice but unfortunate timing only.  Therefore, in the absence of evidence to the contrary, the majority of the Board finds 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(s) involved.  Therefore, the request for a hearing is not favorably considered.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03277 in Executive Session on 3 February 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the request.  Ms.   voted to correct the record and does not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Sep 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 26 Nov 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.

                                   

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2003-03277

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of Applicant.

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.