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AF | BCMR | CY2006 | BC-2005-02123
Original file (BC-2005-02123.doc) Auto-classification: Denied

                       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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