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AF | BCMR | CY2005 | bc-2005-01005
Original file (bc-2005-01005.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01005
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His original date of rank (DOR) to commander (05) in the Navy  replace
the DOR he established when he transferred to the Florida Air National
Guard (FLANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to resigning from the Navy  and  accepting  appointment  in  the
FLANG, he was notified of his selection for promotion  to  05  by  the
Navy.  He contends his DOR to Navy commander  was  1  June  2002.   He
states he is currently a lieutenant colonel (05) on active  duty  with
the FLANG with no  break  in  service.   His  current  DOR  to  05  is
21 January 2004.  He has been serving in a Colonel (06) position  with
the FLANG since July 2004 and notes that if  his  DOR  is  changed  to
reflect  the  earlier  Navy  DOR,  he  would  be   eligible   for   06
consideration this summer (2005).

In support of his appeal, the applicant has  provided  copies  of  his
FLANG active duty order, his  FLANG  promotion  order  from  major  to
lieutenant colonel, the Navy 05 line selection list, and his  Navy  DD
Form 214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his military career on 22 June 1986.  In May 2001,  he
was selected by the Navy for promotion to commander (05).   He  served
with the Navy until 30 April 2002 when he resigned in  order  to  join
the FLANG in an Active/Guard Reserve (AGR) position.  At the  time  of
his resignation, he had served 15 years, 10 months, and 8 days and  he
resigned in the grade of lieutenant commander (04), as he had not  yet
been promoted to 05.  He accepted an appointment with the FLANG  on  1
May 2002 as a major (04).

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  DPFOC cites Air Force Instruction  (AFI)
36-2005,  Appointment  in  Commissioned  Grades  and  Designation  and
Assignment in Professional Categories – Reserve of the Air  Force  and
the United States Air Force, wherein it is stated  officers  appointed
in the ANG from other service components  must  be  appointed  in  the
grade held at the time of appointment.  As he was a Navy major when he
was appointed, he was appointed in the FLANG in the  grade  of  major.
Further, in accordance with 10  United  States  Code  (U.S.C)  Section
14317, the ANG is only authorized to recognize promotions of  officers
on promotion lists if they are in the same service component, which in
this case would be, the United States Air Force.

DPFOC’s complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
September 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.  Title 10,  U.S.C.,  Section
14317 states the ANG only has the authority to recognize promotions of
officers on an Active Duty List from the US Air Force.  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-
2005-01005  in  Executive  Session  on  25  October  2005,  under  the
provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Mar 05, w/atchs.
    Exhibit B.  Letter, ANG/DPFOC, dated 1 Sep 05.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Sep 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair

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