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AF | BCMR | CY2003 | BC-2002-02561
Original file (BC-2002-02561.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02561
            INDEX CODE 131.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion to major by the Fiscal Year 2003  (FY03)  Reserve  Major
Selection Board be carried over with his entry into active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He competed successfully with his peers  on  the  FY03  Reserve  Major
Selection Board and  was  promoted  to  the  Reserve  rank  of  major.
However, he returned to active duty due to the  extended  active  duty
(EAD) recall at the end of Dec 01. Active  duty  will  not  honor  the
Reserve promotion.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, an Air Force Reservist, entered EAD on 14 Dec 01  as  a
captain with a date of rank (DOR) of 29 May 95. On 11 Feb 02,  he  was
erroneously considered and selected for  promotion  to  the  grade  of
major by the FY03  Air  Force  Reserve  Major  Selection  Board  which
convened at the Air Reserve Personnel Center.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO notes that  DODD  1310.1  and  Title  10,  USC,  Section
1431.7, allow for the transfer of a Reserve promotion  to  the  Active
Duty List (ADL) if an officer of the Reserve Active Status List (RASL)
and on a promotion list as a result of selection for  promotion  by  a
mandatory promotion board or a Special Selection Board (SSB) and  who,
before being promoted, is placed on the ADL of the same  Armed  Forces
and in the same competitive category. However, the applicant  was  not
on a promotion list before being placed on the ADL. Therefore, because
the applicant was on the ADL, he was not eligible  to  be  boarded  or
promoted by a Reserve promotion board. There are no  other  regulatory
or legal provisions that  can  authorize  his  promotion  transfer  to
active duty. Denial is recommended.

A complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 11 Oct 02 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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.  After a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that his request should be granted. Applicant’s contentions  are  duly
noted; however, we do not find these uncorroborated assertions, in and
by themselves,  sufficiently  persuasive  to  override  the  rationale
provided by the Air Force. The applicant was  erroneously  boarded  by
the FY03 Reserve Major Selection Board. He was not on a promotion list
before being placed on the ADL. When he was on the  ADL,  he  was  not
eligible to be boarded or promoted by a Reserve  promotion  board.  We
therefore agree with the recommendations of the Air  Force  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden of having  suffered  either
an error or an injustice. In view of the above and  absent  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 7 January 2003 under the provisions  of  AFI  36-
2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Mrs. Diane Arnold, Member
                 Mr. Billy C. Baxter, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02561 was considered:

   Exhibit A.  DD Form 149, dated 7 Aug 02, w/atch.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 30 Sep 02.
   Exhibit C.  Letter, SAF/MRBR, dated 11 Oct 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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