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AF | BCMR | CY2006 | BC-2005-02550
Original file (BC-2005-02550.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02550
            INDEX CODE:  131.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the Reserve grade of lieutenant colonel (05).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His promotion to the Reserve grade of major (04) should have  occurred
two years earlier than it did.  He contends the delay in his promotion
to major was due to an administrative oversight,  as  he  should  have
been promoted to major at the minimum Time In  Grade  (TIG)  of  three
years instead of the five years he actually served as a captain.

In support of his appeal, the applicant has  provided  copies  of  his
promotion order  to  captain  and  major  along  with  the  associated
certificates of Oaths of Office for each appointment.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 11 June 1998, the applicant was commissioned at the  Reserve  grade
of captain and accepted an appointment with the US Army Reserve (USAR)
in Wyoming.  While a member of  the  USAR,  he  was  promoted  to  the
Reserve grade of major effective and with a date of rank (DOR)  of  30
April 2003.  On 8  January  2005,  he  transferred  to  the  Iowa  Air
National Guard (IAANG) where he accepted appointment in the  grade  of
major.  He is currently serving with the IAANG.

_________________________________________________________________


AIR FORCE EVALUATION:

ANG/DPFOC  recommends  denial.   DPFOC  contends   the   minimum   TIG
requirement from captain to major is four years and the maximum TIG is
seven years.  DPFOC contends the earliest he could have been  promoted
to major would have been 11 June  2002.   DPFOC  notes  his  commander
recommended him for promotion to major on 30 April 2003.

DPFOC notes that reaching minimum TIG requirements does not  guarantee
automatic promotion.  While TIG is a requirement  for  promotion,  the
ultimate decision to promote belongs to the commander.

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
13 January 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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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.  The time in grade (TIG) requirement from  captain
to major is four years and not three years as he  contends.   Further,
meeting the TIG  requirements  of  the  next  higher  grade  does  not
guarantee promotion.  The commander makes  the  ultimate  decision  of
whether or not a member  is  promoted  at  the  minimum  TIG  and  the
commander chose otherwise with respect to the  applicant.   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-
2005-02550 in  Executive  Session  on  16  February  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Donna Jonkoff, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Aug 05, w/atchs.
    Exhibit B.  Letter, ANG/DPFOC, dated 18 Oct 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 13 Jan 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

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