RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00639
INDEX CODE: 131.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect his date of rank (DOR) and
promotion effective date (PED) to the Reserve grade of captain as 20
August 2003 rather than 9 December 2003 and 2 February 2004,
respectively.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed all criteria and was fully qualified for promotion (to
captain) on 20 August 2003. However, his name had already appeared on
the Reserve Officer Personnel Management Act (ROPMA) Mandatory
Promotion List prior to him meeting the time in grade (TIG)
requirement for a Unit Vacancy (UV) promotion. He understands this
was the second year that members appeared so early on the list,
however, prior to this commander’s had the option to delete members
that were to be promoted via UV from the ROPMA list. His commander
had already requested he be promoted via UV when he reached his TIG (2
years in grade) and he feels this situation was unfair as he was not
removed from the ROPMA list.
In support of his appeal, the applicant has provided promotion orders
to first lieutenant and captain, and the fiscal year 2004 (FY04)
Reserve of the Air Force Line and Nonline Captain Promotion Selection
Boards results.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air National Guard (ANG) on 24 August 1990.
He was commissioned in the Louisiana ANG (LAANG) on 20 August 1999 and
was progressively promoted to the Reserve grade of captain with a DOR
of 9 December 2003 and a PED of 2 February 2004. He has over 15 years
of satisfactory Reserve service and is currently serving as a captain
in the LAANG.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POF recommends denial. A1POF contends the applicant’s promotion
recommendation to captain should have been received by HQ ANG/DPFOO by
23 May 2003. According to his application he did not meet the TIG
requirement and was therefore not qualified for promotion to captain
until 20 August 2003.
A1POF’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
10 March 2006 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 Force
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. It appears he was not eligible for position
vacancy promotion at time it was available. His eligibility began 20
August 2003, three months after the cutoff of 23 May 2003, imposed by
the ANG for position vacancy recommendations. 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-
2005-00639 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
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 06. w/atchs.
Exhibit B. Letter, NGB/A1POF, dated 7 Mar 06.
Exhibit C. Letter, SAF/MRBR, dated 10 Mar 06.
JAY H. JORDAN
Panel Chair
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