RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00184
            INDEX CODE:

      XXXXXXX    COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  21 JUL 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was selected to the grade of major
by the Reserves with a date of rank (DOR) of 2 April 1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not counseled properly on his options for  promotion  prior  to
declining an active promotion to the grade of major  and  subsequently
separating  from  active  duty  and  accepting  a  position  with  the
Reserves.

In support of his  application,  the  applicant  provided  a  personal
statement.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular  Air
Force on 17 May 1985 and was progressively promoted to  the  grade  of
captain.  He was selected for promotion to major by  the  CY96A  Major
Central Selection Board.  He declined promotion to the grade of  major
on 28 February 1997, and was removed from the promotion  list  by  the
Secretary of the Air Force on 10 July  1998.   On  2  April  1998,  he
transferred to the Reserves.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial and state in part, the  applicant  is  no
longer on a promotion list to major.  Therefore, there is no promotion
to be reinstated.  Had the applicant remained on active duty, he would
have been required to meet another promotion board, because  based  on
the removal action he  would  have  been  considered  a  once-deferred
officer.

The complete DPPPO evaluation is at Exhibit C.

ARPC/DPB recommends approval for the applicant to accept the promotion
to the grade of major on the Reserve Active Status List (RASL), with a
DOR of 2 April 1998.  He transferred to the Reserves on 2 April  1998,
13 months after his proposed active duty list  (ADL)  promotion  date.
While provisions exist to allow transfer of an ADL promotion, it is  a
pending promotion, one that has not consummated.  In the broad  sense,
the applicant’s  promotion  had  not  consummated  at  transfer.   The
earliest DOR the Reserve could award is 2 April 1998, the first day he
was a Reserve asset and became a  part  of  the  RASL.   Due  to  some
computer errors, the applicant’s record was never properly  processed.
Based on the date of  assignment  to  Non-obligated,  nonparticipating
Ready Personnel Section (2 April 1998) he should have been assigned to
the Inactive Status List Reserve Section (ISLRS)  2  April  2000,  and
discharged to civilian status 2 April 2003.  He could  be  reappointed
in the Reserves as a major with approximately two years time in  grade
prior  to  his  discharge,  provided  he  meets  the  current  Reserve
requirements for appointment.

The complete DPB evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He states the Reserve recruiter indicated he would be able  to  accept
the rank of major upon his acceptance of an assignment.   He  requests
the Board to accept the recommendation of the Reserves and  grant  him
the promotion to major with a DOR of 2 April 1998.

The applicant’s complete response is at Exhibit F.

_________________________________________________________________

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.  Sufficient relevant evidence has been  presented  to  demonstrate
the existence of error or injustice.  The Board is persuaded  by  the
comments provided by the Air Reserve Personnel Center Selection Board
Secretariat, that since the applicant’s ADL promotion  had  not  been
consummated he should have been allowed to accept  the  promotion  to
the grade of major on the date he transferred to the  Reserves.   The
Board also notes, although  the  applicant  initially  requested  his
records  be  corrected  to  reflect  a  DOR  of  1  March  1977,   he
subsequently provided a memorandum stating his willingness to  accept
the recommendation made  by  the  Air  Reserve  Personnel  Center  to
correct his records to reflect his promotion in the Reserves  to  the
grade of major, with a DOR of 2 April 1998.  In view  of  the  above,
and in order to resolve any injustice to the applicant, we  recommend
that his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:


      a.  On 2 April 1998, his name was placed on the Fiscal Year  1998
(FY98) Line and Non-Line Promotion Selection Board list.


      b.  On 2 April 1998, he was tendered and accepted an  appointment
as a major, Reserve of the Air Force, with a date of rank and effective
date of 2 April 1998, and placed on the Reserve Active Status  List  in
the grade of major rather than in the grade of captain.


      c. On 2 April 2000, he was assigned to the Inactive  Status  List
Reserve Section and discharged to civilian status on 2 April 2003.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
00184 in Executive Session on 17 August 2006, under the provisions  of
AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Mary c. Puckett, Member
                       Mr. Joseph D. Yount, Member

All  members  voted  to  correct  the  record,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A.  DD Forms  149, dated 3 Jan 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPO, dated 27 Mar 06.
      Exhibit D.  Letter, AFPC/DPB, dated 21 Jun 06, w/atchs.
      Exhibit E.  Letter, SAF/MRBR, dated 23 Jun 06.
      Exhibit F.  Letter, Applicant, dated 9 Jul 06.




                             MICHAEL K. GALLOGLY
                             Panel Chair


AFBCMR BC-2006-00184




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that:


           a.  On 2 April 1998, his name was placed on the Fiscal Year 1998
(FY98) Line and Non-Line Promotion Selection Board list.


           b.  On 2 April 1998, he was tendered and accepted an appointment
as a major, Reserve of the Air Force, with a date of rank and effective
date of 2 April 1998, and placed on the Reserve Active Status List in the
grade of major rather than in the grade of captain.


           c. On 2 April 2000, he was assigned to the Inactive Status List
Reserve Section and discharged to civilian status on 2 April 2003.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency