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AF | BCMR | CY2006 | BC-2005-00639
Original file (BC-2005-00639.doc) Auto-classification: Denied

                       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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