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AF | BCMR | CY2007 | BC-2007-01442
Original file (BC-2007-01442.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01442
            INDEX CODE:  131.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE:  8 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her promotion to major in the  Air  Force  Reserve  be  transferred  to  the
Active Duty Air Force with an effective pin-on date of 5 Feb 08.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She returned to active duty status on 1 Mar 07.  Had she  been  informed  of
the rules of engagement she would have delayed her  return  to  active  duty
status from 1 Mar 07 to 23 Mar 07 to allow her promotion  to  transfer  with
her.

In support of her request, applicant provided copies of her Extended  Active
Duty Order, an Officer Surf, and the  FY  08  Air  Force  Reserve  Line  and
Health Professions Major Promotion Selection Board Select List.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Reserve of  the  Air  Force
on 20 May 1997.  She voluntarily returned to active duty on 1 Mar 07  for  a
period of 48 months, in the grade of captain with a date of rank (DOR) of  5
Feb 01.

Prior to applicant’s return to active duty, she met  and  was  selected  for
promotion to major by the CY08 USAFR Line and Health  Professions  Selection
Board which convened on 12 Feb 06.  Her projected pin on date is 5  Feb  08.
The results were approved by SecDef on 22 Mar 07.

_________________________________________________________________


AIR FORCE EVALUATION:

HQ AFPC/DPAMF2 reviewed  this  application  and  recommended  denial.   They
stated according to AFI 36-2008, Table 1, Grade Which  Ordered  to  Extended
Active Duty (EAD), Rule 2, if officer is Nurse  Corps  EAD,  grade  will  be
Reserve grade.  From the same  table,  Rule  10  refers  to  EAD  as  Major,
however; “Due Course Officer” is defined as “An  officer  who  was  selected
for promotion.”  At the time of EAD, results of the FY08 Air  Force  Reserve
Line and  Health  Professions  Major  Promotion  Selection  Board  were  not
released.

The complete evaluation is at Exhibit B.

HQ AFPC/DPPPO recommends denial of the applicant’s request.   Applicant  was
not on an approved promotion list prior to entering active duty.  There  are
no provisions in policy or law to allow for transfer of her  promotion.   In
order for the promotion to be valid and  brought  over  to  extended  active
duty, the applicant would have had to wait to enter  active  duty  until  23
Mar 07, the day after approval of the promotion by SecDef.

DoDD 1310.1, Rank and Seniority of Commissioned  Officers,  and  10  U.S.C.,
section 14317, allows for the transfer of a Reserve promotion to the  Active
Duty List under the following circumstances:   An  officer  of  the  Reserve
Active Status List (RASL) and on a promotion list as a result  of  selection
for promotion by a mandatory promotion board or a  special  selection  board
and who, before being promoted is placed on the  Active  Duty  List  of  the
same Armed Forces and placed in the  same  competitive  category,  shall  be
placed on an appropriate promotion list for  officers  on  the  Active  Duty
List.  Applicant was not on a promotion list  before  being  placed  on  the
Active Duty List.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Jun 07, copies of the Air Force  evaluations  were  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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 opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
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  Docket  Number     BC-2007-
01442 in Executive Session on 21 August 2007, under the  provisions  of  AFI
36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Steven A. Cantrell, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01442 was considered:

    Exhibit A.  DD Form 149, dated 4 May 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPAMF2, dated 21 May 07, w/atchs.
    Exhibit C.  Letter, AFPC/DPPPO, dated 12 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.




                                             LAURENCE M. GRONER
                                             Panel Chair

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