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AF | BCMR | CY2005 | BC-2004-03722
Original file (BC-2004-03722.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03722
            INDEX CODE:  102.07
      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 JUN 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Reinstatement of his promotion to major by the  CY00A  Major  Medical  Corps
Central Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believed he would return to active duty  as  a  major,  since  the  CY00A
Major Medical Corps Central Selection Board selected him for promotion.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Personnel Data System reflects  that  on    15  July
1999, applicant was appointed a  captain  with  a  date  of  rank  (DOR)  of
3 December 1995.  He was selected for promotion by the CY00A  Major  Medical
Corps Central Selection Board, which convened on 6 November 2000.

On 1 July 2001, he separated in the grade of  captain  to  pursue  a  second
residency and returned to active duty in the grade of  captain  on  29  July
2004.

He was selected for promotion to the grade of major by  the  CY004A  Medical
Corps Central Selection Board with a DOR of 17 February 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 states the applicant signed a statement of understanding,  which
reads “I understand that I must be on the Active Duty List in  order  to  be
considered for active duty  promotion  by  a  central  selection  board.   I
understand that while I am  in  a  redeferred  status,  I  will  retain  the
current-grade-date-of-rank  (CGDOR)  that  I  held  at  the   time   of   my
separation.”

The DPAMF2 evaluation, with attachments, is at Exhibit C.

HQ AFPC/DPPPO recommends denial.  DPPPO states that the applicant  separated
from active duty on 1 July 2001, to complete a residency in  Anesthesiology.
 Based on this date of separation (DOS),  he  was  not  on  active  duty  to
accept the promotion.  Therefore, the promotion is without effect.   Had  he
remained on active duty, he would have been promoted to major on 3  December
2001.

The DPPPO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to  the  applicant  on  25
Feb 05 or review and response within 30 days.  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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of  the  Air  Force  and  adopt  their
rationale as the basis for the conclusion that the applicant  has  not  been
the victim of an error or injustice.  The applicant states that he  believed
he would return to active duty as a major  since  the  CY00A  Major  Medical
Corps Central Selection Board selected  him  for  promotion.   However,  the
evidence  of  record  shows  he  signed  a   Memorandum   of   Understanding
acknowledging that if he had a projected active  duty  promotion,  he  would
become ineligible for that  promotion  upon  separating  from  active  duty.
Since he was not on active duty to accept the promotion  his  promotion  was
without effect.  Therefore, in the absence of evidence to the  contrary,  we
find no compelling 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-2004-03722
in Executive Session on 26 April 2005, under the provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAMF2, dated 15 Dec 04, w/atch.
    Exhibit D.  Letter, AFPC/DPPPO, dated 17 Feb 05.
    Exhibit E.  Letter, SAF/MRBR, dated 25 Feb 05.



                                   B. J. WHITE-OLSON
                                   Panel Chair

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