RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01832
            INDEX CODE:  110.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of separation (DOS) be changed from 24 Apr 05 to 30 Apr 05.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not informed that had his DOS been 30 Apr  05,  he  would  have
been allowed to transfer his active duty promotion  to  the  grade  of
major to the Air Force Reserve.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to his active duty promotion and a copy  of  his  Promotion
Recommendation Form (PRF).

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant was voluntarily ordered to extended active duty on 3 May
96.  He was promoted to the grade of captain on 29 Apr 00.

He was selected for promotion to major  by  the  Calendar  Year  2004A
(CY04A) Major Central Selection Board, which convened on 1 Nov 04.

On 24 Apr 05, he was released from active duty and transferred to  the
Air Force Reserve on  25 Apr 05  in  the  grade  of  captain.   He  is
currently serving in the Air Force Reserve in the grade of captain and
is credited with nine years of satisfactory federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO made no recommendation.  They  indicated  that  since  they
have no authority to change the applicant’s DOS,  they  would  address
his selection for  promotion.   AFPC/DPPPO  noted  the  applicant  was
selected for promotion to major by the  Calendar  Year  2004A  (CY04A)
Major Line Central Selection Board, which convened on 1 Nov  04.   The
list was approved by the Principal Deputy Under Secretary  of  Defense
for Personnel and Readiness on 29 Apr 05.  It was approved for release
by the Deputy Secretary of Defense on 3 May 05  and  released  to  the
public on 17 May 05.

A complete copy of the AFPC/DPPPO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  22
Jul 05 for review and response.  As of this date, no response has been
received by this office (Exhibit C).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPB noted the applicant’s name was not on the  active  duty  list
(ADL) when the promotion list became effective as defined  by  10  USC
14308(a).  According to ARPC/DPB,  10  USC  Section  14317  allows  an
officer to transfer a promotion from the active duty list (ADL) to the
Reserve active status list (RASL) provided the officer is on  the  ADL
when the selection list becomes a promotion list  (when  the  approval
authority signs the list).  Without a change in his DOS, the applicant
cannot transfer his ADL promotion.  If the applicant's DOS is  changed
to 30 Apr 05, his ADL promotion will transfer and an appropriate  RASL
DOR will be established.

A complete copy of the ARPC/DPB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  19
Aug 05 for review and response.  As of this date, no response has been
received by this office (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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.   However,  the  majority  of  the  Board  does  not  find  the
applicant’s assertions or his  supporting  documentation  sufficiently
persuasive to warrant  corrective  action.   The  evidence  of  record
indicates that although the applicant was selected  for  promotion  to
major prior to his separation from active duty and transfer to the Air
Force Reserve, his name was not  on  an  active  duty  list  when  the
promotion list was approved by competent  authority.   Therefore,  the
law does not allow transfer of his promotion to major to the Air Force
Reserve.  In view of the foregoing, and in the absence  of  sufficient
evidence  the  applicant’s  DOS  was  erroneous,  or  he  was  treated
differently from others similarly  situated,  the  majority  concludes
that the applicant has failed to sustain his burden of establishing he
has suffered either  an  error  or  an  injustice.   Accordingly,  the
majority finds no compelling basis to recommend  granting  the  relief
sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 12 Oct 05, under the provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Jean A. Reynolds, Member
      Ms. Patricia R. Collins, Member

By  a  majority  vote,  the  Board  voted  to  deny  the  application.
Ms. Reynolds voted to grant the appeal but did not desire to submit  a
minority report.  The following  documentary  evidence  pertaining  to
AFBCMR Docket Number BC-2005-01832 was considered:

    Exhibit A.  DD Form 149, dated 24 May 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPO, dated 13 Jul 05.
    Exhibit C.  Letter, SAF/MRBR, dated 22 Jul 05.
    Exhibit D.  Letter, ARPC/DPB, dated 10 Aug 05.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Aug 05.




                                   MARILYN M. THOMAS
                                   Vice Chair

                   MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                   FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM: SAF/MRB


SUBJECT:    AFBCMR Application of

      I have carefully considered the rationale of the majority of the
Board; however, I do not agree with the majority’s recommendation to deny
the applicant’s request that his date of separation (DOS) be changed from
April 24, 2005, to April 30, 2005, which would allow him to transfer a
promotion from the active duty list to the Reserve active status list.

      I note the applicant was selected for promotion to the grade of major
by the Calendar Year 2004A (CY04A) Major Central Selection Board that
convened on November 1, 2004, which was prior to his April 24, 2005,
separation from active duty and transfer to the Air Force Reserve.
However, at the time of transfer, his name was not on an active duty list
when the promotion list was approved by competent authority on April 29,
2005.  As a result, the law does not allow transfer of the applicant’s
promotion to major to the Air Force Reserve.  It appears the applicant was
aware of this provision of the law, but despite repeated attempts to obtain
a definite date as to when the promotion list would be approved, was unable
to do so.  It further appears that because he was unsure of when the
promotion list would be approved and to the extent he could or should delay
his DOS, the applicant separated on his established DOS.

      After a thorough review of the facts and circumstances of this case, I
agree with the minority member that favorable consideration of this case is
warranted.  I do not believe the applicant was appropriately advised
concerning the aforementioned situation.  While there is no evidence the
Air Force had a regulatory responsibility to counsel this applicant or
other similarly situated officers, in my view, it certainly had a moral
responsibility to do so.  Moreover, I am persuaded that approval of this
case would be in the best interest of the Air Force; i. e., the applicant
is a rated source that could be recalled to active duty if needed.

      In view of the foregoing, and to remove the possibility of an
injustice, I direct the applicant’s records be corrected to reflect that
his DOS was 30 Apr 05, rather than 24 Apr 05.  This corrective action would
allow him to transfer his active duty promotion to major to the Air Force
Reserve and afford him proper and fitting relief.




                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency






AFBCMR BC-BC-2005-01832




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 , be corrected to show that he he was not released
from active duty on 24 Apr 05, but  continued to serve on extended
active duty until 30 Apr 05, on which date he was released from active
duty and transferred to the Air Force Reserve.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency