RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00007
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank to the Reserve grade of major be changed to  15 March
2002 rather than 1 October 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

            a. His commander  intended  to  promote  him  via  a  Unit
Vacancy  (UV)  promotion  during  the  March  2002  Quarterly  Officer
Promotion Board.

            b. Had he met the UV Board he would have been promoted  to
major effective and with a date of rank (DOR) of 15 March 2002.

            c. His date of rank to captain was 21 September  1988  and
not 24 June 1995 as noted in his military record.

            d. On 1 March 2002, his Time In Grade (TIG) as  a  captain
was less than five years.

            e. His promotion package to major  should  not  have  been
prepared and forwarded to a ROPMA  Board.   As  mentioned  above,  his
military personnel flight (MPF) personnel thought his DOR was  24 June
1995, almost seven years.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and copies  of  an  undated  recommendation  of  applicant’s
commander requesting he be promoted UV, and several other  attachments
including copies of Officer Evaluation Reports (OER’s),  his  DD  Form
214, Certificate of Release or Discharge from  Active  Duty,  and  his
promotion order to major.

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




STATEMENT OF FACTS:

Applicant was commissioned a second  lieutenant  in  the  Regular  Air
Force on 24 September 1984. He was progressively promoted to the grade
of captain with an effective and date of rank  (DOR)  of  21 September
1988.  He served seven years, five  months  and  three  days  and  was
honorably discharged  on  23  February  1992.   On  4 March  1992,  he
resigned a Regular commission and was appointed as a  Reserve  of  the
Air Force in the grade of  captain  effective  24  February  1992  and
assigned to the NNRPS.  He joined  the  Maryland  Air  National  Guard
(MDANG) on 28 November 2000 and was promoted to the Reserve  grade  of
major effective and with a date of rank of 1 October 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ANG/DPFOC recommends denial.  DPFOC states it cannot be  determined
from the MDANG when his unit started the PV promotion process, as  the
letter stating such  is  undated.   Further,  the  MDANG  provides  no
additional documentation stating they wanted to submit the officer for
PV promotion but were unable to meet the suspense date.  DPFOC state’s
as they are unable to  confirm  that  his  promotion  date  should  be
changed from 1 October 2002 to 15 March 2002, they conclude the proper
procedures were followed  in  his  submission  for  mandatory  (ROPMA)
promotion.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the ANG/DPFOO assessment that there  is  no  way  to
verify his date of rank (DOR) when he  came  back  onto  active  duty.
DPFOO states his new DOR, computed after subtracting his time  in  the
ISLRS, was 25 June 1995.  He believes the military should be  able  to
verify in 2006 if his new DOR, when he returned to  duty  in  November
2000, should have been 25 June 1995 or it should have been June  1997,
as he contends.  He does not understand  how  his  new  DOR  could  be
recomputed to show 25 June  1995.   His  calculations,  based  on  his
original DOR to captain as 21 September 1988, resigning his commission
approximately three years and five months later in February  1992  and
returning to  duty  in  November  2000  yields  a  recomputed  DOR  of
approximately June 1997 (November 2000  minus  three  years  and  five
months of absence) and not June 1995.  Regarding the  DPFOO  statement
they could not find additional documentation  from  the  Maryland  ANG
(MDANG) that they intended to promote him to major via UV  but  missed
the suspense date, he points to an  attached  memorandum  he  included
from his commander dated 7 December 2004, wherein his commander states
the applicant would have been promoted to  captain  during  the  March
2002  Wing  Quarterly  Officer  Promotion  Board  via   unit   vacancy
promotion.  His DOR to major would then have been  15 March  2002  and
not 1 October 2002 as was conferred by the ROPMA  Mandatory  Selection
board.  Thus, had his DOR been recomputed correctly as June  1997,  he
would  not  have  been  eligible   for   ROPMA   consideration   until
approximately March 2004 rather than February 2002 and he  would  have
been selected for promotion to the Reserve grade  of  major  in  March
2002 making his DOR to major 15 March  2002,  rather  than  1  October
2002.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of  an  error  or  injustice  warranting  a  change  in  the
applicant’s date of  rank  to  the  Reserve  grade  of  major.   After
reviewing  the  complete  case  file,  in  particular  the  letter  of
recommendation  from  his  commander  sent  to  the  position  vacancy
promotion board and his letter of support addressed to  AFBCMR  Board,
we believe that the intent  of  the  applicant's  immediate  chain  of
command was to have the applicant promoted under the position  vacancy
promotion program. The Board also noted  that  the  Maryland  ANG  was
unable to determine when they started the position  vacancy  promotion
process and ANG/DPFOO was subsequently unable to  confirm  whether  or
not his promotion date should be changed from October  2002  to  March
2002.   Therefore,  in  order  to  resolve  any  potential   promotion
injustice to the applicant, the Board believes that any doubt in  this
matter should be resolved in favor  of  the  applicant  and  that  his
records should be corrected to the extent indicated below.
______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that he was promoted to the
Reserve grade of major effective and with a date of rank of  15  March
2002, rather than 1 October 2002.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 April 2006, under the provisions  of  AFI  36-
2603:

      Mr. Jay H. Jordan, Panel Chair
      Mr. James A. Wolffe, Member
      Mr. Michael V. Barbino, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Dec 04, w/atchs.
    Exhibit B.  Letter, ANG/DPFOC, dated 9 Feb 06, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Mar 06.
    Exhibit D.  Letter, APPLICANT, dated 27 Mar 06, w/atchs.




                                   JAY H. JORDAN
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC

[pic]
Office Of The Assistant Secretary



AFBCMR BC-2005-00007




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that he was promoted
to the Reserve grade of major effective and with a date of rank of 15
March 2002, rather than 1 October 2002.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency