RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04626

xxxx x. xxxx	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Change his date of rank to captain (O-3) from 16 Jan 19 to 1 Dec 18.

APPLICANT’S CONTENTIONS

He was promoted to captain in the Army with a date of rank of 1 Dec 18 and subsequently transferred to the Air Force.  The transfer order was published before his promotion to captain and reflected his grade of first lieutenant (O-2).  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an inter-service transfer from the Army and is currently serving in the Air Force as a captain.  

On 21 Nov 18, Special Order AGA-046 was published transferring the applicant from the Army to the Air Force, effective 15 Jan 19 in the grade of first lieutenant and a date of rank of 18 Jun 16.  

On that same day, Department of the Army Order 325-041 was published promoting the applicant to captain with a date of rank and effective date of 1 Dec 18.  

On 14 Jan 19, the applicant was honorably discharged from the Army as a captain with a narrative reason for separation of interdepartmental transfer.

On 25 Apr 19, Special Order JB-01336 was published notifying the applicant of his promotion in the Air Force to captain with a date of rank and effective date of 16 Jan 19.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP3DA recommends granting the application.  The applicant’s Air Force appointment was submitted and approved prior to his selection to captain.  There was insufficient time to process his appointment in the grade of captain prior to his 15 Jan 19 transfer.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Aug 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3DA and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show his date of rank to the grade of Captain is 1 December 2018.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04626 in Executive Session on 20 Aug 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 14 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3DA, dated 11 Aug 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Aug 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.