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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