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AF | BCMR | CY2006 | BC-2005-03125
Original file (BC-2005-03125.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03125
            INDEX NUMBER:  131.05
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  12 Apr 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank (DOR) be changed from 18 May 05 to 11 Dec 04.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She was notified in Dec 04 that she had been promoted to major in  the
Air Force Reserve.  She then decided to more actively  participate  in
the Air Force Reserve and contacted a  recruiter.   However,  it  took
approximately five months to complete the change, resulting in her DOR
changing from 11 Dec 04 to 18 May 05.

In support of her appeal, applicant submits  a  copy  of  her  Reserve
assignment orders, a letter from a  health  professions  recruiter,  a
copy of her promotion order to major in the Air Force Reserve,  and  a
copy of an order transferring her to the Inactive Status List  Reserve
Section (ISLRS).

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

_________________________________________________________________

STATEMENT OF FACTS:

Following the applicant’s release from active duty on 15 Dec  02,  she
was assigned to the Individual Ready Reserve (IRR) on 16 Dec 02.   The
applicant was selected for promotion to the grade of major by the FY05
Line and Health Professions Major Selection Board, which  convened  at
HQ ARPC on 9 Feb 04.  The applicant’s DOR was established  as  11  Dec
04.

After two years assigned to the IRR, the applicant was transferred  to
the ISLRS effective 16 Dec 04.  The applicant obtained  an  assignment
as an individual mobilization augmentee (IMA,  a  part  of  the  Ready
Reserve) effective 23 May 05.  The applicant’s DOR was recalculated to
account for time spent in the ISLRS.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial of the applicant’s request.  The  applicant
was transferred to the ISLRS in Dec 04.  As defined in 10 USC, Section
101(d) an ISLRS assignment is not an active status and  therefore  all
time spent in the assignment does not count  for  promotion  purposes.
The promotion clock resumes when the officer obtains an assignment  in
the Ready Reserve or participating  Individual  Ready  Reserve  (IRR).
The applicant’s DOR was recalculated to  account  for  time  spent  in
ISLRS.  However, the adjusted DOR does not affect  when  she  will  be
eligible for promotion consideration to lieutenant colonel as both her
original DOR and adjusted DOR are in  FY05  making  her  eligible  for
promotion consideration during the FY12 promotion cycle.

Additionally, the applicant states her orders were  sent  overseas  to
her last duty station and she did not receive them until late Dec  04.
However, all members of the Reserve of the Air Force are  required  to
keep HQ ARPC updated on all address changes.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 Nov 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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.  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 Docket  Number  BC-2005-
03125 in Executive Session on 21 December 2005, under  the  provisions
of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Oct 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPB, dated 4 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Nov 05.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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