RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01694 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to first lieutenant be changed from 5 January 2010 to 31 December 2009. ________________________________________________________________ APPLICANT CONTENDS THAT: He graduated from Phase II of the Interservice Physician Assistant Program (IPAP) on 30 December 2009 and signed his oath of office on 31 December 2009. The Military Personnel Flight was closed from 31 December through 3 January due to the holidays and weekend. These events lead to his DOR being established as 5 January 2010. Six of his classmates that graduated from other locations had their DORs as 31 December 2009 and were recently on the captain selection board. The major’s boards run from January to December. His classmates will be eligible for promotion one year before he is eligible although they started school the same day and were all in the same program. Additionally, they all had the same official graduation date. He requests his DOR be changed to match his classmates to have the same opportunity for promotion to major. In support of his request, the applicant provides a statement from the Chief Consultant for the Physician Assistants and a copy of AF IMT 133, Oath of Office. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was appointed into the Air Force Reserves on 31 December 2009 and entered into extended active duty (EAD) on 5 January 2010. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPV recommends denial. The applicant’s current DOR was established in accordance with AFI 36-2604, which credits officers ½ day for each day the officer performed active, but not active duty, commissioned service in the grade in which they entered the active duty list. The applicant was commissioned on 31 December 2009 and entered EAD on 5 January 2010. He received 50 percent credit from 31 December 2009 to 4 January 2010 for a total of 2 days which established his date of rank as 3 January 2010. His EAD of 5 January 2010 was determined by his first day of travel. The applicant’s date of commission was established one day prior to extended active duty, not the day he outprocessed the military personnel flight. The complete DPSIPV evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 13 January 2012 for review and comment within 30 days. As of this date, this office has received no response (Exhibit C). ________________________________________________________________ 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 an error or injustice. After a thorough review of the evidence presented, it appears the applicant’s appointment date was appropriately established in compliance with SecDef directive, Air Force Instructions and Title 10, United States Code. We note the statute does allow adjustment of the date of rank of an officer if, due to unusual circumstances, the appointment is delayed from the date on which it would otherwise have been made. As the applicant indicates, due to his graduation from IPAP occurring during the holiday season, his appointment was delayed due to no fault of his own. Therefore, in an effort to offset any possibility of an injustice, we recommend the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show a Date of Rank (DOR) in the grade of first lieutenant (O-2) of 31 December 2009 rather than 3 January 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01694 in Executive Session on 5 April 2012, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 May 11, w/atchs. Exhibit B. Letter, AFPC/DPSIPV, dated 19 Dec 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 13 Jan 12.