RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03355
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to major (0-4) be changed from 1 October 2000 to 26 June 2000.

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APPLICANT CONTENDS THAT:

Proper procedures were followed by his Reserve Advisor and supervisor to accomplish an accelerated promotion, effective 19 June 2000.  However, the XXth Wing Reserve Personnel office and HQ Air Reserve Personnel Center (ARPC) either lost or did not act on the accelerated promotion letter even when received by them in a timely manner.

In support of his appeal, the applicant has provided letters of support from HQ USAF/REI, the HQ AFRES Officer Training Corps, and his then rater, now retired, a copy of a letter from HQ ARPC/DPB, and a copy of the letter originally recommending him for accelerated promotion to major.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The FY00 Reserve of the Air Force Major Line Mandatory Selection Board, A0401A that convened on 6 March 2000, selected the applicant for promotion to the grade of major.  The applicant’s senior rater requested an accelerated promotion via a letter dated 22 June 2000.  The DOR requested was 19 June 2000.  His DOR to major was established as 1 October 2000.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the request for accelerated promotion was received by ARPC on 19 December 2001 and returned to the applicant on 26 February 2002 because the letter was received after the applicant had been promoted ( 1 October 2000) and 18 months after the proposed accelerated DOR.  DPB also indicates the application is over the three-year time limit to apply and should therefore be denied on this basis alone.

DPB’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Regarding the timeliness issue, the applicant argues that the DD Form 149 states the relevant date for submitting a BCMR application is within three years of “…the date of discovery of the alleged error occurred.”  He believes he is inside the three-year window as he received notification of his erroneous DOR on 1 October 2000 and signed his application on 30 September 2003.  He does not argue the ARPC/DPB contention that his supervisor was unaware of the requirement that the accelerated promotion request be received two days prior to the proposed DOR.  He clarifies DPB’s statement that his application “…was received by ARPC on 19 December 2001 and returned 26 February 2002…” by stating that his application was resent to ARPC by his supervisor when it became apparent ARPC had not received the original request.  He respectively requests the Board honor the intent of the rater and senior rater at the time and grant him an effective DOR of 26 June 2000.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  It appears HQ ARPC misplaced or never received the original request for accelerated promotion of the applicant.  Regardless, inaction by HQ ARPC does not invalidate his supervisor and Reserve Advisor’s intent to accelerate his promotion.  Therefore, we recommend that the records be corrected as 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 he was promoted to the Reserve grade of major, effective and with a date of rank of 26 June 2000 rather than 1 October 2000.

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The following members of the Board considered this application in Executive Session on 10 December 2003, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Sep 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 16 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Oct 03.

                                   

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2003-03355

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was promoted to the Reserve grade of major, effective and with a date of rank of 26 June 2000 rather than 1 October 2000.