RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02873
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Effective Date (PED) and Date of Rank (DOR) to the grade
of major be changed to 7 April 2006, rather than 15 June  2006  and  3
March 2006, respectively.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Reserve Personnel Center (ARPC)  deleted  his  name  from  the
Fiscal Year  2006  (FY06)  Reserve  Officer  Mandatory  Promotion  Act
(ROPMA) in error.  The  Board  did  not  realize  he  had  transferred
directly  from  the  Army  to  the  Air  National  Guard  (ANG).   The
promotions eligibility office added him to the list however, the Board
directorate deleted him.  He was subsequently  position  vacancy  (PV)
promoted and received a PED of 15 June 2006 and a DOR of 3 March 2006.

In support of his appeal, the applicant has  provided  copies  of  his
promotion order, email trails and other pertinent documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed 22 June 2004 in the Alaska Air National  Guard
(AKANG) with a DOR of 7 April 1999.  Based on the  1999  DOR,  he  was
eligible for promotion consideration by the FY06 ANG Line and  Nonline
Major Promotion Selection Board which convened at HQ ARPC on 18  April
2005.  Had he been selected for promotion by this Board, he would have
a DOR of 7 April 2006.  However, his electronic record in the Military
Personnel Data System (MilPDS) indicated his  appointment  took  place
following a break in service.  The apparent break in service  rendered
him ineligible for  promotion  consideration  in  accordance  with  10
U.S.C., Section 14301 (a), wherein is stated “…Commonly known as the 1-
year rule, officer must be on the Reserve Active Status  List  (RASL),
active duty list, or a combination of both for the year preceding  the
Board.  Consequently, he did not meet the FY06 Board.  The MilPDS  was
wrong as the applicant transferred from the Army to the ANG without  a
break in service.  When the error was noted, the ANG  requested  a  PV
promotion for him.  He was promoted with a 3 March 2006 DOR and  a  15
June 2006 PED.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC states while he may be eligible for special selection board (SSB)
in lieu of the FY06 ANG Line and Non-line  Major  Promotion  Selection
Board, ARPC finds there could be pitfalls to granting an  SSB.   While
he could gain some 70  days  of  active  duty  pay  for  participation
between 7 April and 14 June 2006, adjusting his DOR from 3 March to  7
April 2006 would  cost  him  time  in  grade  (TIG)  toward  his  next
promotion opportunity.  This could affect his pin-on date for his next
promotion.  The PV promotion  could  bar  further  SSB  consideration.
ARPC cites 10 U.S.C. Section 14301 (c) wherein is stated a  previously
selected officer is not eligible for promotion  consideration  if  the
office has been approved for Federal recognition.  He was  on  a  list
for  Federal  recognition  of  the  PV  promotion  with   a   DOR   of
approximately 35 days prior to  his  mandatory  promotion  date.   His
participation  record  shows  a  7-year  break   without   performance
documentation (six years as a civilian and  one  year  with  the  Army
National Guard (ARNG) currently not reflected in his record.  Lack  of
current participation and performance reports could greatly reduce his
opportunity for promotion.  Adjusting his DOR from 15 June to 7  April
could give him monetary value for 70 days active duty  pay.   However,
10 U.S.C. Section 14308(c)(2) states a Reserve officer is not entitled
to pay and allowances if  the  effective  date  of  his  promotion  is
adjusted to a  date  earlier  than  the  actual  date  unless  another
provision of law takes effect.  The only provision of law for  Reserve
of the Air Force officers to receive a back-dated effective date is in
10 U.S.C. Section 14502 wherein it is stated only an SSB  can  correct
effective date and grant the additional pay and allowances.

ARPC also notes while researching his case, his DOR  upon  appointment
to the ANG was 28 November 1998 rather than 7 April 1999.   Therefore,
his DOR to captain would have been 28 November 1998.

ARPC recommends granting the applicant an SSB.  Should he be  selected
by the SSB his DOR would be 28 November 2005 rather than 3 March or  7
April 2006.  The November DOR would preempt the PV promotion  DOR  and
10 U.S.C. section 14301(c) would no longer apply.   SSB  consideration
has been used in the past for both ANG and Air Force Reserve  officers
requesting an earlier DOR and PED.  Should he not be selected  by  the
SSB the ANG PV DOR and PED would not be affected; he would retain  his
promotion and current DOR and PED.

ARPC/DPB’s complete evaluation is at Exhibit B.
THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice.  The  applicant  transferred  from
the Army National Guard (ARNG) to the Air  National  Guard  without  a
break in service and with a DOR of 7 April 1999.  At the time  he  was
appointed to the AKANG he was eligible for promotion consideration  by
the FY06 ANG Line and Nonline Major  Promotion  Selection  Board  that
convened at HQ ARPC on 18 April 2005.  Due to an error on the part  of
ARPC he did not meet this Board.  When the error was realized, the ANG
promoted him via Position Vacancy (PV) and  recommended  he  apply  to
this Board to have his DOR and PED corrected to the earlier date.   We
took note of ARPC/DPB’s recommendation  the  applicant  meet  an  SSB;
however, we believe if he were to be selected for promotion by an SSB,
his new DOR and  PED  would  adversely  affect  his  future  promotion
consideration.  Therefore, as the error to the applicant is clear  and
unambiguous, we recommend that the records be corrected  as  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 he was promoted to the
Reserve grade of major with an effective and date of rank of  7  April
2006, rather than a DOR of 3 March 2006 and a PED of 15 June 2006.
______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-02873  in  Executive  Session  on  11  January  2006,  under  the
provisions of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Todd L. Schafer, Member
      Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jun 06, w/atchs.
    Exhibit B.  Letter, HQ ARPC/DPB, dated 22 Nov 06.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Dec 06.



                                   LAURENCE M. GRONER
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2006-02873




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 APPLICANT, be corrected to show that he was promoted
to the Reserve grade of major with an effective and date of rank of  7
April 2006, rather than a DOR of 3 March 2006 and a  PED  of  15  June
2006.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency