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AF | BCMR | CY1999 | 9802777
Original file (9802777.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02777
                       INDEX CODE: 131.05

                       COUNSEL:  None

                       HEARING DESIRED:  Yes


_________________________________________________________________

APPLICANT REQUESTS THAT:

The effective date of promotion to first lieutenant (1Lt) be corrected  from
3 December 1996 to 17 November 1996 (the official date of rank).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The date  of  rank  for  0-2  correctly  reflects  17  November  1996.   The
Effective Date should also reflect 17 November 1996.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard  in  the  grade
of 1Lt with an established date  of  rank  (DOR)  of  17 November  1996  and
effective date of 3 December 1996.

On 17 November 1996, a Federal Recognition Board found  that  the  applicant
was qualified for promotion to the grade of 1Lt.  The effective date is  the
date of Federal recognition and Federal recognition is defined as  the  date
ANG/MPPS receives the promotion request.

ANG/MPPS received the letter to promote the applicant  on  3 December  1996,
thereby, establishing her effective DOR as 3 December 1996.

By Special Order AP-234, dated 9 December 1996, the applicant  was  promoted
to the grade of 1Lt, with a DOR of 17 November 1996 and  effective  date  of
3 December 1996.

The Reserve Officer Personnel Management  Act  (ROPMA)  effective  1 October
1996, Section 14308, paragraph (c)(2)  of  Title  10,  United  States  Code,
eliminated officers receiving backpay upon  promotion  to  the  next  higher
grade.  Officers will receive credit for Time-In-Grade/Date of  Rank  (which
is the date the officer meets the Federal Recognition Board in  the  state),
however, the effective date is the date of Federal recognition.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Utilization, ANG/DPPU, reviewed the application and  states  that
officers will receive credit for Time-In-Grade/Date of Rank  (which  is  the
date the  officer  meets  the  Federal  Recognition  Board  in  the  state),
however, the effective date is the date  of  Federal  recognition.   Federal
recognition is defined by Section 14308, paragraph (f) of Title  10  USC  as
“the date on which such Federal recognition in that grade is  so  extended.”
Their office has sent messages to the states  stressing  the  importance  of
timely submissions of promotion packages.  The applicant met  the  board  at
the unit on 17 November 1996.  They received the letter to promote her on  3
December 1996.  In accordance with their guidelines, and the intent  of  the
promotion service date/effective  date  issued  under  ROPMA,  the  member’s
effective date is correct as 3 December  1996.   Therefore,  they  recommend
denial of applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 19 October 1998, for review and response.  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 to  demonstrate  the
existence of probable error or injustice.  After reviewing the  evidence  of
record, that Board is of the opinion that,  in  accordance  with  Title  10,
United States Code, Section  14308(f)  Effective  Date  of  Promotion  after
Federal  Recognition,  the  applicant’s  effective  date  of  promotion   is
correct.   We  note  that  ANG/MPPS  received  the  letter  to  promote  the
applicant on 3 December 1996 and, therefore, established the effective  date
for  the  applicant’s  promotion  as  3 December  1996.   In  view  of   the
foregoing, and in the absence of evidence, we find no basis  upon  which  to
recommend favorable action on this application.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 8 April 1999, under the provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. John E. Pettit, Member
      Mr. Joseph A. Roj, Member
      Ms. Gloria J. Williams, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Mar 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ANG/DPPU, dated 21 Sep 98.
      Exhibit D. Letter, AFBCMR, dated 19 Oct 98.





                             BARBARA A. WESTGATE
                             Panel Chair

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