RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01980
            INDEX CODE:  110.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His active duty promotion to the grade of major be transferred to  the
Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly advised regarding the transfer of his active  duty
promotion to major to the Air Force Reserve.   Had  he  known  he  was
required to stay on active duty until the results  had  been  approved
prior to his transfer to the Air Force Reserve, he would have had  his
date of separation (DOS) changed, which he could have easily done.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to his selection for promotion to major.

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  29
May 96.  He was promoted to the grade of captain on 29 May 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 10 Feb  05,  the  applicant  was  released  from  active  duty  and
transferred to the Air Force Reserve, on 11 Feb 05, in  the  grade  of
captain.  He is currently serving in the  Air  Force  Reserve  in  the
grade of captain and is credited with ten years, nine months, and five
days of satisfactory federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommended denial noting that Executive Order 13385, dated 1
Oct 04, redelegated approval authority for promotion  selection  board
reports, below the grade of 0-7, from the President to  the  Secretary
of Defense.  In a letter, dated 10 Dec 04, the  Secretary  of  Defense
delegated his approval authority for Reserve promotion  board  reports
to the Under Secretary of Defense for Personnel and Readiness  and  to
the Principal Deputy Under Secretary  of  Defense  for  Personnel  and
Readiness.  The CY04A selection board report was signed by  the  Under
Secretary of Defense for Personnel and Readiness  on  29 Apr 05.   The
report officially became a promotion list at that time.  The applicant
was not on an approved promotion list as defined by 10 USC 14308(a) at
the time of his transfer from active duty to the Air Force Reserve  on
11 Feb 05.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
Jul 05 for review and response.  As of this date, no response has been
received by this office (Exhibit C).

_________________________________________________________________

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 override the rationale provided by the Air Force  office
of  primary  responsibility  (OPR).   Therefore,  in  the  absence  of
sufficient evidence the applicant’s was erroneously advised  regarding
the transfer of his active duty promotion to major to  the  Air  Force
Reserve, or he was treated differently from others similarly situated,
the majority agrees with the recommendation of the OPR and adopts  the
rationale presented as the basis for its decision 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 AFBCMR Docket Number BC-
2005-01980 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 was considered:

    Exhibit A.  DD Form 149, dated 14 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 13 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jul 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 for a correction to his records which would allow
him to transfer a promotion from the active duty list to the Reserve active
status list.

      The evidence of record indicates 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 February 10, 2005, release from active duty and transfer to the Air
Force Reserve.  However, since his name was not on an active duty list when
the promotion list was approved by competent authority on April 29, 2005,
the law does not allow transfer of the applicant’s promotion to major to
the Air Force Reserve.  The applicant contends he was not properly advised
regarding the transfer of his active duty promotion to the Air Force
Reserve, and had he known he was required to stay on active duty until the
results had been approved prior to his transfer, he would have changed his
date of separation (DOS).

      After a thorough review of the facts and circumstances of this case, I
am persuaded that favorable consideration of this case is warranted.  As
the applicant has asserted, it appears he was not 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 of the opinion 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 a
change of his DOS to a date subsequent to the approval of the promotion
list, which 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-2005-01980




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 was not released from
active duty on 10 Feb 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