RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00669
            INDEX CODE:  136.01

      XXXXXXXXX  COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  28 AUGUST 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His date of retirement be adjusted from 1 Oct 04 to 1  Nov  04  and
that his promotion to the grade of lieutenant colonel be  effective
19 Oct 04.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was  selected  for  promotion  by  the  FY05  Line  and  NonLine
Lieutenant  Colonel  Promotion  Selection  Board,  which   convened
14 June 2004.  His commander  then  recommended,  and  HQ  AF/REAMO
approved, an accelerated promotion effective 17 Aug 04.

Promotions  are  not  effective  until  the  President  signs   his
approval, and  normally,  the  President  approves  the  lieutenant
colonel’s list in mid-September.   However,  through  an  Executive
Order, this  responsibility  was  delegated  to  the  Secretary  of
Defense (SECDEF) in Sep 04, and he did not sign approval until mid-
October.

He was scheduled to retire 1 Oct 04, after his scheduled promotion;
however, this unprecedented change in procedure interfered with his
promotion prior to retirement, as well as others.  Had he known  of
the delegation of authority and  potential  delay,  he  would  have
filed for a later retirement date.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
Promotion Recommendation Form  (PRF)  for  the  V0505A  board;  his
letter of congratulations from his commander; Accelerated Promotion
letter, dated 18 Aug 04,  and  his  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, dated 1 Oct 04.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________



STATEMENT OF FACTS:

The applicant, a Reserve officer, served on active duty in  support
of the Reserve forces in the Active  Guard  Reserve  (AGR)  program
from 2 Sep 00 until 1 Oct 04.  He was promoted to the Reserve grade
of major with an effective date and date of rank of 1 Feb 98.

He was considered and  selected  for  promotion  to  the  grade  of
lieutenant colonel by the FY05 Line and NonLine Lieutenant  Colonel
Promotion Selection Board, which convened 14 Jun 04.

On 1 Oct 04, applicant was honorably released from active duty  and
retired in the grade of major.  He  was  credited  with  21  years,
3 months, and 26 days of active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB  reviewed  this  application  and  recommended  denial.
USAFR policy requires a minimum six-month advanced application  for
retirement.  At the time of the board, applicant had  an  approved,
voluntary retirement date of 1 Oct 04.  Even though  the  applicant
had an approved retirement date, his record had  to  be  considered
because the date was more than 90 days after the selection board.

The results of the  selection  board  were  announced  17  Aug  04,
following endorsement of the selection list by the Deputy Secretary
of Defense.   The  list  was  submitted  to  the  White  House  for
Presidential approval of those selected (POTUS approval then causes
the  selection  list  to  become  the  promotion   list,   allowing
assumption of the higher grade).

On 28 Sep 04, the President signed Executive Order 13358 delegating
his authority to approve a  promotion  list  to  the  Secretary  of
Defense (SECDEF).  The delegation became effective 1 Oct  04.   Any
promotion list that had  not  received  Presidential  approval  was
resubmitted to the office of the SECDEF for approval under the  new
delegation.

The SECDEF approved the Lt Colonel Promotion List  on  19  Oct  04.
All Position Vacancy selectees, all accelerated promotion  requests
and any officer who met the time-in-grade requirement specified for
promotion by the FY05 board prior to 19 Oct was  awarded  19 Oct 04
as their DOR, the earliest possible date as a result  of  selection
by this board.  No promotion can occur prior to the date  the  list
was approved.

Adjusting the applicant’s  retirement  date  to  1  Nov  04,  while
possible, does  not  seem  appropriate.   When  considered  by  the
promotion board, the applicant was fully aware his retirement  date
was established at 101 days after the board adjourned and  that  if
selected  he  would  wear  the  grade  for  less   than   a   month
(historically, public release has been mid to late August with  DOR
and effective date during the month  of  September).   Any  officer
with a separation date greater than 90 days  after  the  board,  by
law, must be considered by that promotion board.  If his retirement
date is changed, he will be entitled to an additional  30  days  of
active  duty  pay  and  benefits.   By   law,   an   officer   must
satisfactorily serve three years at the higher grade  in  order  to
retire in that grade.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided two responses to the  evaluation,  dated  3  and
14 Apr 05.  In his responses, he disagreed with some of  the  facts
suggested in the evaluation.  He further explained his reasons  why
he believes  to  not  grant  him  his  promotion  to  the  rank  of
Lieutenant Colonel is unfair to him and other officers in the  same
year group (Exhibit E).

___________________________________________________________________

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.  The Board noted the  applicant  submitted  his  request  for
curtailment of his AGR tour and retirement (28 Jun  04)  after  the
adjournment of the promotion board,  not  prior  to  the  board  as
stated in the evaluation.  Additionally,  the  applicant’s  request
for curtailment and retirement was approved on 20 Aug 04, which was
after the 17 Aug 04 Public Release date of the Lt Colonel Promotion
List.  The applicant request for retirement  was  approved  with  a
retirement effective date of 1  Oct  04;  the  President  delegated
authority  to  give  the  SECDEF  authority  to  approve  the  list
effective 1 Oct 04; the  SECDEF  approved  the  promotion  list  on
19 Oct 04.  The applicant had every opportunity between 17  Aug  04
and 1 Oct 04 to withdraw his application for retirement.   After  a
thorough review of the  facts  and  circumstances  surrounding  the
applicant’s  promotion  consideration/selection  and  request   for
retirement, we found no evidence  that  the  applicant’s  voluntary
retirement was contrary to the governing instructions and  laws  in
effect at the time or that he has  been  treated  differently  than
others who were similarly situated.  Based on the foregoing, we are
not persuaded that the applicant has been the victim of  either  an
error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis  to  recommend  granting  the
relief sought in 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   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 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-2005-00669 in Executive Session on  28  April  2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 15 Mar 05, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Mar 05.
    Exhibit E.  Letter, Applicant, dated 3 Apr 05.
    Exhibit F.  Letter, Applicant, dated 14 Apr 05, w/atchs.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair