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AF | BCMR | CY2005 | BC-2005-00209
Original file (BC-2005-00209.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00209
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank (DOR) to the  grade  of  master  sergeant  (MSgt)  be
changed from 22 October 2004 to 1 July 2004.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She met a selection board on 1 July  2004  and  due  to  circumstances
beyond her control the notification of her selection for the  position
was not made official until 22 October 2004.  In accordance with Title
10 Air National Guard (ANG) Statutory guidelines (sic) her DOR  should
be changed to the date she was selected.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement, a letter of support, a copy of the selection board  letter,
pertinent email trails,

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a current Title 10 Statutory tour member of the Florida
Air National Guard (FLANG), applied for  a  position  with  the  601st
Combat Operations Squadron.  At the time of her application she was  a
technical sergeant (TSgt).  The authorized grade of the  position  she
applied for was master  sergeant  (MSgt).   Her  application  met  the
selection board on 1 July 2004 and she was selected for the  position.
She was promoted to the grade of MSgt with an effective date  and  DOR
of 22 October 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC recommends  denial.   DPFOC  states  that  selection  for  a
position with a higher authorized grade than the selectee held at  her
selection does not mean  she  would  be  automatically  submitted  for
promotion to the higher grade.  She  must  still  be  recommended  for
promotion through the appropriate channels.  DPFOC  contends  she  was
promoted when the recommendation was received.

DPFOC’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
28 October 2005 for review and comment 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  opinion  and  recommendation  of  the  Air
National  Guard  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.   She  was  selected  for  a
position that was one grade higher than she  possessed  when  she  was
selected; however, selection to the higher  grade  position  does  not
mean she is automatically submitted for promotion consideration to the
higher grade.  She was promoted to MSgt when  her  recommendation  for
promotion was submitted through channels and allowed to run the course
of the promotion system.  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 AFBCMR Docket Number BC-
2005-00209  in  Executive  Session  on  1  December  2005,  under  the
provisions of AFI 36-2603:


      Mr. Richard A. Peterson, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Dec 04, w/atchs.
    Exhibit B.  Letter, ANG/DPFOC, dated 21 Oct 05.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Oct 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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