RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02123
INDEX CODE: 131.05
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show his date of rank (DOR) to the Reserve
grade of major as 17 August 1999 rather than 6 February 2000.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on active duty with the Regular Air Force, he was promoted to
captain and given a promotion line number based on 17 August 1992. He
joined the Alaska Air National Guard (AKANG) effective 6 August 1991
and attended flight training prior to pinning on captain. By the time
he completed training and returned to his home station, he had been
promoted to captain with a DOR of 11 July 1993. He feels the delay in
his promotion to captain from 17 August 1992 to his DOR of 11 July
1993 was unjust and no fault of his own. Should his DOR to major be
changed as requested, he would be allowed to meet the lieutenant
colonel ROPMA Board in 2006.
In support of his appeal, the applicant has provided copies of several
pertinent personnel documents, an early promotion recommendation form
(PRF), and his appointment order to the Alaska ANG (AKANG) as a first
lieutenant.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty in the Regular Air Force on 20 May 1988
and was commissioned a second lieutenant on 15 November 1988. He
transferred from the Regular Air Force and was appointed a first
lieutenant in the AKANG on 22 August 1991. He was progressively
promoted to the Reserve grade of major with an effective and DOR of 6
February 2000. He is currently serving as a major with the Kentucky
ANG (KYANG) and has over 17 years of satisfactory military service.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPFOC recommends denial. DPFOC cites an attached ANG/DPFOOM
advisory wherein it is stated due to rules determining appointment
ranks between the services it appears the applicant’s promotion to
captain on 11 July 1993 was actually to his advantage considering
changes in appointment procedures between then and now. Further, if
his request to change his DOR was ultimately to entitle him to meet
the FY07 ANG mandatory promotion board, then his current DOR to major
of 6 February 2000 meets the time in grade requirements and qualifies
him to meet the FY07 ANG mandatory board.
DPFOC’s complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
17 February 2006 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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. ANG policy at the time of his appointment was not
to recognize active duty promotions that were to become effective
later than the ANG appointment date. We took notice of the request to
change his DOR and it appears he wants the change in order to ensure
his eligibility to meet the FY 2007 ANG Mandatory promotion board for
lieutenant colonels. Based on his current DOR, it appears he already
meets the time in grade requirements for the FY 2007 ANG Mandatory
promotion board. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-
2005-02123 in Executive Session on 28 March 2006, under the provisions
of AFI 36-2603:
Mr. Jay H. Jordan, Panel Chair
Ms. Renee M. Collier, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jun 05, w/atchs.
Exhibit B. Letter, ANG/DPFOC, dated 6 Feb 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Feb 06.
JAY H. JORDAN
Panel Chair
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