RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01075
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to the Reserve grade of captain be  changed  to
22 October 2003, rather than 2 November 2004.

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APPLICANT CONTENDS THAT:

He transferred from the Air National Guard  (ANG)  to  the  Air  Force
Reserve (AFR) on 19  September  2003  and  was  not  included  on  the
promotion list for that cycle due to no fault of his own.  Air Reserve
Personnel  Center  Manual  (ARPCM)  02-01  states  “…officer  will  be
promoted to Captain when officer completes two  years  time  in  grade
(TIG)”, which occurred on 22 October 2003.  However, ARPCM  04-09  was
applied and his DOR is now 2 November 2004, a loss of 13 months TIG as
a captain.  By transferring to the AFR one month before  his  date  of
eligibility, he was not included in the AFR promotion process in  time
to meet the promotion board to captain as would have been directed  by
ARPCM 02-21.  ARPCM 04-09 replaced ARPCM 02-21 and directed that  “The
officer promoted to Captain upon completion of two years  TIG,  public
release or presidential approval, whichever is later.”   Consequently,
through no fault of his own, he has lost 13 months TIG  as  a  captain
and feels this has impacted his potential  promotion  eligibility  and
career progression.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement,  a  letter  of  support,  and   several   current   Officer
Performance Reports (OPR’s).

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

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STATEMENT OF FACTS:

Applicant was commissioned  a  second  lieutenant  (2Lt)  in  the  Air
National Guard on 22 October 1999.  He was  promoted  to  the  Reserve
grade of first lieutenant (1Lt) on 22 October  2001.   He  would  have
been eligible for unit vacancy (UV) promotion to captain on 22 October
2003.  However, on 18 September 2003, he transferred from the  ANG  to
the AFR prior to becoming TIG eligible with the ANG.   Meanwhile,  the
AFR was compiling their list of eligible 1Lt’s for a 30 September 2003
deadline.  His name was not included in the AFR’s list of fiscal  year
2004 (FY04) captain eligibles.  Consequently, his name was  placed  on
the FY05 list and he was eventually promoted to captain effective  and
with a DOR of 2 November 2004.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the ANG required two years TIG
for UV promotion and three years TIG for on time promotion.   The  AFR
required two years TIG for on time promotion and did not have an early
promotion opportunity.  The captain promotion process was  closed  and
completed on 15 June 2003, three months before the applicant became an
AFR asset.  The AFR did not have the authority to promote the  officer
in 2003 because he did not  meet  current  AFR  promotion  eligibility
requirements prior to the list being closed out.  In June 2003, (while
still a member of the ANG) he was not recommended for UV promotion and
did not qualify for on time promotion.  He was  placed  on  the  AFR’s
FY05 promotion process list and the earliest DOR  and  effective  date
awarded for that list  was  4 November  2004  due  to  the  change  in
promotion approval authority from the President to  the  Secretary  of
Defense.

DPB’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends he was an exemplary performer while serving in  the
ANG and the only reason he was not nominated for promotion was because
he had already initiated a mutually agreed transfer to the USAFR  that
ended up taking longer than he had anticipated.  Had he been aware  of
the USAFR deadline for the FY04 promotion list, he would have made  an
effort  to  accelerate  his  gain  into  the  USAFR.   He  met   every
requirement for promotion on 22 October 2003 and was the victim of  an
error resulting from an oversight in paperwork and deadline  awareness
during his transfer.

Applicant’s complete response is at Exhibit D.

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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 but rather, a victim of bad timing.  The applicant,
while still a member of the ANG, was not nominated  for  Unit  Vacancy
promotion and did not qualify for an on-time promotion.  Additionally,
the USAFR captain promotion list for FY 04 was  closed  to  additional
considerees on 15 June 2003,  three  months  prior  to  the  applicant
becoming a member of the USAFR on 19 September 2003. Consequently,  he
was considered and promoted to the Reserve grade  of  captain  by  the
USAFR during their FY 05 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.

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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-
2006-01075 in Executive Session on 14 June 2006, under the  provisions
of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 06, w/atchs
    Exhibit B.  Letter, ARPC/DPB, dated 4 May 06.
    Exhibit C.  Letter, SAF/MRBR, dated 5 May 06.
    Exhibit D.  Letter, Applicant, dated 7 May 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair