RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03913
INDEX CODE: 131.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) to major be corrected to 1 October 1999 rather
than 1 October 2000.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was promoted to the grade of captain in 1992 while serving in the
United State Marine Corps (USMC). Therefore, he should have been
promoted via the Reserve Office Promotion Act (ROPMA) in 1999, his
seventh year of time in grade (TIG) as a captain.
In support of his appeal, the applicant has provided copies of his DD
214’s, Certificate of Release or Discharge from Active Duty, a
correction to one of his DD Form 214’s, his appointment as a captain
in the USMC documentation, and his appointment order to the New Jersey
Air National Guard (NJANG).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant, a current member of the NJANG, began his military career on
6 March 1987. He was progressively promoted to the grade of captain
and was appointed in the NJANG on 30 May 1997. He was considered for
promotion to the Reserve grade of Major by the FY00 ANG ROPMA Major
mandatory promotion board and non-selected. He was considered again
for the FY01 ANG ROPMA mandatory promotion board and was selected to
the Reserve grade of major with an effective and DOR of 1 October
2000. He is currently serving as a major in the NJANG and has a total
of 18 years of satisfactory service.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POF recommends denial. A1POF states he was, in fact, considered
by the fiscal year 2000 (FY00) Air National Guard Major mandatory
promotion board and was not selected making him a once-deferred
officer. He was considered again by the FY01 Air National Guard Major
promotion board and was selected to the Reserve grade of major with
and effective and date of rank of 1 October 2000.
A1POF’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
31 March 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
National Guard 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 applicant was
considered by the FY00 Air National Guard major mandatory promotion
board but was not selected for promotion. He was again considered by
the FY01 Air National Guard major mandatory board and was selected for
promotion and promoted to the Reserve grade of major with an effective
and date of rank of 1 October 2000. 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-
2005-03913 in Executive Session on 16 May 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 05, w/atchs.
Exhibit B. Letter, NGB/A1POF, dated 22 Mar 06.
Exhibit C. Letter, SAF/MRBR, dated 31 Mar 06.
THOMAS S. MARKIEWICZ
Panel Chair
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