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AF | BCMR | CY2003 | BC-2003-01912
Original file (BC-2003-01912.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01912
            INDEX CODE 102.02  102.05
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her selection for captain (colonel equivalent) by the Fiscal Year 2004
(FY04) Naval Reserve Captain Staff Selection Board be  transferred  to
the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not know of the promotion when  she  accepted  her  Air  Force
position.

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


_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 2 Jan  03  as  a
lieutenant colonel with a date of rank (DOR) of 1 Mar 98.

She was selected for promotion  to  0-6  by  the  FY04  Naval  Reserve
Captain Staff Selection Board, which convened on 10 Feb 03.

DOD Directive 1300.4, Inter-Service Transfer of Commissioned Officers,
15 Nov 96, allows for the transfer of a promotion  of  a  commissioned
officer between two military services if the officer is on a promotion
list to the next higher grader under Section 624 of Title 10, USC.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPO advises that although the  applicant  was  selected  for
promotion, she was on the Air Force Active Duty List (ADL) and  should
not have been considered for promotion by the Navy. The applicant  has
no entitlement to this promotion as she was on active  duty  with  the
Air Force at the time the Naval Reserve board convened and should  not
have been considered. Once on the ADL, an officer is only entitled  to
active duty promotions. Disapproval 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 8 Aug 03 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  the  applicant’s  submission,  we  are  not
persuaded that her  selection  for  captain  by  the  Navy  should  be
transferred to the Air Force. Since the applicant was on  active  duty
with the Air Force at the time of the Naval  Reserve  board  convened,
she should not have been considered for promotion by that board.  Once
on the ADL, an officer is only entitled to active duty promotions. The
Board regrets the applicant’s disappointment, but her promotion by the
Navy Reserve promotion board cannot be transferred to the  Air  Force.
Therefore, we 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 23 September 2003 under the provisions of AFI 36-
2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Leslie E. Abbott, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01912 was considered:

   Exhibit A.  DD Form 149, dated 2 Jun 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 30 Jul 03.
   Exhibit C.  Letter, SAF/MRBR, dated 8 Aug 03.





                                   ROSCOE HINTON, JR.
                                   Panel Chair

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