RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03912

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His date of rank (DOR) as first lieutenant (O-2), be corrected to reflect 4 January 2000 instead of 4 January 1999.  

His DOR to captain (O-3) be corrected to reflect 4 January 2001 instead of 17 July 2006 (administratively corrected).  

APPLICANT CONTENDS THAT:

His dates of rank to first lieutenant and captain are incorrectly annotated in his virtual military personnel flight (vMPF) records.

He took his commissioning oath on 4 January 2000 and reported for commissioned officers training (COT) on 14 March 2000.  He was a direct accession with an original DOR of 4 January 2000 to first lieutenant.  The following year he was promoted to captain on 4 January 2001.  

His officer performance records indicate he was listed and rated as a captain beginning in 2001.  

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

STATEMENT OF FACTS:

The applicant currently serves in the Air National Guard in the grade of Major (O-4).  

The relevant facts pertaining to this application, extracted from the applicant’s military personnel records, are described in the letters prepared by the appropriate office of the Air Force, which are at Exhibits C, D, and E.  Therefore, there is no reason to recite these facts in this Record of Proceedings.  

AIR FORCE EVALUATION:

AFPC/DP2SP memorandum is for informational purposes only.  The applicant’s DOR to first lieutenant is 4 January 1999 and he was accessed to active duty as a first lieutenant on 14 March 2000.  Since the applicant is a guardsman, AFPC/DP2SP cannot review his DORs in the Military Personnel Data System (MilPDS) nor update his records.  This matter should be sent through the Air Reserve Personnel Center (ARPC) and the National Guard (NGB), as his dates may have changed due to his transfer.  This memorandum only addressed the applicant’s promotion while he served on the active duty list (ADL).  

A complete copy of the AFPC/DP2SP evaluation is at Exhibit C.  

ARPC/PB recommends NGB/A1 address the change of DORs on or after the applicant’s ANG appointment on 20 July 2012.  The applicant separated from the active duty list (ADL) on 31 March 2012 and was appointed into the Non-obligated Non-participating Ready Personnel Section (NNRPS) during the period of 1 April 2012 through 19 July 2012.  While in the NNRPS, he held the grade of captain with the DOR of 4 January 2001.  There is no evidence his DORs should have been or were changed while in NNRPS.  

A complete copy of the ARPC/PB evaluation is at Exhibit D.  

NGB/A1PO recommends denial of the applicant’s request for his date of rank to first lieutenant be effective 4 January 2000.  Based on the information provided by AFPC/DP2SP, the applicant was accessed on 4 January 2000 and given a DOR of 4 January 1999, as a result of constructive service credit.  The applicant was appointed into the active duty Air Force on 18 December 1999 and took his commissioning oath on 4 January 2000.  He reported for COT on 14 March 2000.  As such, the applicant was accessed to active duty as a first lieutenant on 14 March 2000.  He was promoted to captain on 4 January 2001.  

A complete copy of the NGB/A1PO evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 12 October 2016 for review and comment within 30 days (Exhibit F).  As of this date, no response has been received by this office.

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 in regards to the applicant’s request to change his DOR as a first lieutenant to reflect 4 January 2000.  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 NGB/A1PO and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  We further note that the applicant’s DOR to captain of 4 January 2001 was administratively corrected and concur with the correction.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively.  

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-03912 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03912 was considered:

	Exhibit A.  DD Form 149, dated 2 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SP, dated 9 February 2016.
	Exhibit D.  Memorandum, ARPC/PB, dated 13 April 2016.  
	Exhibit E.  Memorandum, NGB/A1PO, dated 12 September 2016.
	Exhibit F.  Letter, AFBCMR, dated 12 October 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.