RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03015
INDEX CODE: 131.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) to the grade of captain be changed to 20 May
2005 rather than 1 October 2006.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon transferring to the Air National Guard (ANG) from the Army
National Guard (ARNG), his date of rank to first lieutenant was
mistakenly listed as the date of transfer (approximately 7 April
2005). His actual DOR to first lieutenant was 20 May 2003. When the
promotion board convened, they could only backdate his promotion to
the first day of the current fiscal year (1 October 2005).
In support of his appeal, the applicant has provided copies of his ANG
appointment paperwork.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed in the West Virginia ANG (WVANG) on 6 March
2005, after transferring with no break in service from the ARNG. His
date of rank to first lieutenant was 20 May 2003. In accordance with
law and policy, the ANG is required to place eligible officers for
promotion to the grade of captain on a scroll that requires the
approval of the Secretary of Defense. Applicant was eligible for the
fiscal year 2006 (FY06) ANG Captain’s Promotion list. After the list
had been completed and processing began on 1 May 2005, it was
discovered the applicant’s name had not been included. He filed for a
Special Selection Board (SSB) that selected him for promotion to the
grade of captain with a DOR of 1 October 2005, as this was the
earliest date, by law, the SSB could approve. The applicant is
currently serving in the WVANG and has over 10 years of satisfactory
service.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1P0F recommends denial. A1P0F states there is no authority to
backdate his promotion from 1 October 2005 to 20 May 2005, just to
meet the two-year time in grade window. There are other legal
requirements that must be met for promotion approval including
selection on a list (scroll approval). A1P0F contends the corrections
to his records were completed by the SSB.
A1P0F’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 5
January 2007 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. The SSB he requested and
subsequently met selected him for promotion to the grade of captain,
yet could only change his DOR to 1 October 2005 rather than 20 May
2005. We believe he met all the requirements for promotion and had an
error not been made indicating a break in service and the mistaken
omission of his name from the FY06 ANG Captain’s Promotion List, he
would have been promoted to captain with a DOR of 20 May 2005.
Therefore, 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
grade of CAPTAIN, Air Force Reserve, with a Date of Rank (DOR) and a
Promotion Effective Date (PED) of 20 May 2005 rather than 1 October
2005.
The following members of the Board considered AFBCMR Docket Number BC-
2006-03015 in Executive Session on 13 February 2007, under the
provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Patrick C. Daugherty, Member
Ms. Josephine L. Davis, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Sep 06, w/atchs.
Exhibit B. Letter, NGB/A1P0F, dated 26 Dec 06.
Exhibit C. Letter, SAF/MRBR, dated 5 Jan 07.
CHARLENE M. BRADLEY
Panel Chair
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