RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03395 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to the grade of captain be changed from 1 Apr 11 to 7 Jun 10. _________________________________________________________________ APPLICANT CONTENDS THAT: He was unjustly required to remain a first lieutenant for over three years, which will affect his future promotion eligibility dates. He completed two years time-in-grade (TIG) as a first lieutenant on 18 Jan 10, and one year on the Reserve Active Status List (RASL) on 6 Jun 10. In support of his request, the applicant provides copies of his promotion orders to first lieutenant and captain, an Air National Guard Officer Data Verification Brief (DRB), and a Virtual Military Personnel Flight (VMPF) Personal Information Promotion Information Page. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial. DPB states the applicant met the TIG requirement based on his constructive service credit awarded at appointment, as of 18 Jan 10. He was not statutorily eligible for promotion consideration until after he had completed one year on the RASL and the applicant did not have one year on the RASL until 5 Jun 10. The next available promotion opportunity for the grade of captain had a convening date of 1 Oct 10, with DORs beginning 1 Apr 11, the applicant’s current DOR. The applicant already has the earliest DOR possible after he met the statutory requirement for promotion consideration. The complete DPB evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 Oct 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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. 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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2011-03395 in Executive Session on 26 Jan 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2011-03395 was considered: Exhibit A. DD Form 149, dated 25 Aug 11, w/atchs. Exhibit B. Letter, ARPC/DPB, dated 3 Oct 11. Exhibit C. Letter, SAF/MRBR, dated 28 Oct 11. Panel Chair