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AF | BCMR | CY2007 | BC-2006-03478
Original file (BC-2006-03478.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03478
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank to senior airman be changed to 23 August 2006  rather
than 18 September 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She passed her career development course (CDC) test on 23 August  2006
but her commander did not sign her promotion form  until  18 September
2006.  She contends her DOR should be the date she became eligible.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement, copies of her personnel record and travel orders.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Mississippi Air National Guard (MSANG) on  8
July 2003.  She has been progressively promoted to the grade of senior
airman with a DOR of 18 September 2006.  She has served satisfactorily
for over three years and is a current member of the MSANG.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1P0F recommends denial.  Air National Guard Instruction (ANGI) 36-
2502, Promotion of Airman,  explicitly  states  that  “…the  immediate
commander must first recommend the airman.”  This recommendation  must
be based on a period of time to allow  sufficient  evaluation  of  the
member’s performance.  Enlisted members  are  eligible  for  promotion
under the unit vacancy (UV) promotion program only upon recommendation
from the commander and at the authority of the Adjutant General (TAG);
the commander is not under any obligation to  promote  a  member  that
meets the basic requirements until that commander feels the member  is
ready  for  promotion  and  proceeds  with  the  recommendation.   The
applicant maintains her commander failed to promote her when  she  was
minimally eligible.  Promotion is not an inherent  right  based  on  a
person achieving minimal requirements,  but  rather,  is  bestowed  on
those who have demonstrated by previous performance, the propensity to
accept greater levels of responsibility that come with increased rank.

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.  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.  The applicant contends her commander should  have
been promoted her  upon achieving minimal requirements. A commander is
not under any obligation to promote  a  member  who  meets  the  basic
requirements until that commander feels that the member is  ready  for
promotion and  proceeds  with  a  recommendation.  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 AFBCMR Docket Number BC-
2006-03478 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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Nov 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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