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AF | BCMR | CY2007 | BC-2006-03015
Original file (BC-2006-03015.doc) Auto-classification: Approved

                       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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