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AF | BCMR | CY2007 | BC-2006-01411
Original file (BC-2006-01411.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01411
                                             INDEX CODE:  131.05
      XXXXXXXXXXXXXXXXXXX               COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  5 November 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of  major  be  corrected  to  reflect  1
October 1997.

________________________________________________________________

APPLICANT CONTENDS THAT:

His actual promotion to the grade of major was 1 October 1997; however,  his
DOR is incorrectly reflected as 8 January  2000  and  he  should  have  been
eligible for a previous Lieutenant Colonel Promotion Board.

He was informed by the Personnel section of the  HQ  Missouri  Air  National
Guard (MOANG) that his DOR  was  incorrect  when  they  were  preparing  his
package to be considered by the  April  2006  Lieutenant  Colonel  Promotion
Board.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant was promoted to the grade of  major  on  1  October  1997.   On  2
November 1997, he was discharged from the MOANG and assigned to  the  United
States Air Force  Reserve  (USAFR)  Non-obligated,  Non-participating  Ready
Personnel Section (NNRPS).  He was subsequently  assigned  to  the  Inactive
Status List Reserve Section (ISLRS), effective 2 November 1999.

ANG officers who choose to no longer participate  in  the  ANG  and  do  not
resign their commissions are normally separated from the  ANG  and  assigned
to the USAFR NNRPS for two years.  While assigned to  the  NNRPS,  they  are
qualified  for  worldwide  duty  and  are   subject   to   mobilization   by
Presidential or Congressional authority.   Members  cannot  participate  for
pay or points (they do earn membership  points  while  assigned),  but  they
have a higher priority  for  assignment  to  a  participation  program  than
members assigned to the Standby Reserve.

After being assigned to the NNRPS for  two  years,  officers  who  have  not
resigned their commissions are next assigned to the ISLRS,  where  they  are
retained for three years before being discharged.  The ISLRS  is  considered
a break in active status, but is not a break in service, as  these  officers
are subject to recall to active duty in time of war or  national  emergency.
Officers assigned to the ISLRS are not eligible for promotion  consideration
and their DOR is adjusted accordingly.

Applicant was reassigned from the ISLRS to the  MOANG  effective  9 February
2002.  Once on the Reserve Active Status List (RASL), his promotion  “clock”
started again.  The time spent in the ISLRS did not count  toward  promotion
eligibility, and his DOR was adjusted based on his current date returned  to
the RASL (9 February 2002) minus the 2 years, 1 month,  and  2  days  earned
prior to his assignment to the ISLRS.

Applicant was subsequently promoted to the grade of  lieutenant  colonel  by
the FY07 ANG Line and Non-line Lieutenant Colonel Promotion Board.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial as no error or injustice  occurred.   Applicant’s
DOR was computed correctly following his reassignment from the ISLRS to  the
MOANG.  When applicant was subsequently promoted to the grade of  lieutenant
colonel by the FY07 ANG  Line  and  Non-line  Lieutenant  Colonel  Promotion
Board, he was considered by this board on-time and  selected  at  his  first
eligibility.

The ARPC/DPB evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 13  July
2007, for review and comment, within 30 days.  However, as of this date,  no
response has been received by this office.

________________________________________________________________

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 their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   His
DOR in the grade of major was adjusted and computed correctly following  his
reassignment from the  ISLRS  to  the  MOANG,  and  he  was  considered  for
promotion to the grade of  lieutenant  colonel  on-time  and  at  his  first
eligibility.  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-2006-01411
in Executive Session on 23 August 2007, under  the  provisions  of  AFI  36-
2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 10 Jul 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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