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AF | BCMR | CY2007 | BC-2007-00284
Original file (BC-2007-00284.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00284
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 AUG 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of captain be  changed  to  29 May  2006
rather than 24 June 2007.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His name was on the active duty captain select list for  the  Calendar  Year
2005B (CY05B).  Because he separated from active duty  and  transitioned  to
the Air Force Reserves (AFRes) a few weeks prior to the list  approval,  his
name was pulled from the list.   His  name  was  later  added  to  the  next
available reserve  captain  select  list  (V0307A).   The  V0307A  list  was
recently approved and he is now a captain, but his DOR is 24 June 2007.

In support of his request, the applicant provided AF Form 100,  Request  and
Authorization for Separation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the AFRes  in  the  grade  of  captain
effective and with a date of rank of 24 January 2007.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends  denial.   DPB  states  the  captain’s  promotion  list,
containing the names of ANG and USAFR officers  recommended  for  promotion,
was approved by the Secretary of  Defense  on  23 January  2007,  and  ResAF
officers began assuming the grade on  Public  Release  of  the  results,  24
January 2007.

No officer is  entitled  to  assume  a  higher  grade  until  the  promotion
authority approves that promotion.  Promotion  is  not  an  entitlement;  it
signifies an officer has demonstrated the potential  to  successfully  serve
at the higher grade.  The applicant received the  earliest  DOR  allowed  by
both statute and prescribed regulation based on selection for  promotion  by
the Fiscal Year  2007  (FY07)  ResAF  Line  and  Nonline  Captain  Promotion
Process.

The DPB complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 March 2007, the evaluation was forwarded to the applicant  for  review
and comment within 30 days (Exhibit D).  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 an  error  or  injustice.   After  reviewing  the  evidence  of
record, it is our opinion that the applicant’s DOR of  24  January  2007  is
correct.  The applicant’s contentions are duly noted; however, we  note  the
Secretary of Defense approved the  captain’s  promotion  list  for  ANG  and
USAFR on 23 January 2007.  The applicant assumed the grade of captain on  24
January  2007,  the  earliest  date  allowed  by  statute  and   regulation.
Therefore, 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.  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 an error or injustice; the application was  denied  without
a personal appearance; and 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-2007-
00284 in Executive Session on 25 April 2007, under the provisions of AFI 36-
2603:

      Ms. Charlene M. Bradley, 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 25 Jan 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 12 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Mar 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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