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AF | BCMR | CY2007 | BC-2007-01667
Original file (BC-2007-01667.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01667
            INDEX CODE:  131.04, 131.05

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Effective Date (PED) be changed  to  22  November  2006,
rather than 24 January 2007.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant  contends  his  PED  is  incorrect  in  that  his  commander
recommended him for promotion to the grade of captain  on  22 November
2006.  Through no fault of his own, the promotion list was not  signed
until 24 January 2007.

In support of his appeal, the  applicant  has  provided  a  letter  of
support from his commander, the pertinent promotion list and copies of
his appointment paperwork.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 22 November 2002, the applicant was appointed in the New  York  Air
National Guard (NYANG) in the Reserve grade of second lieutenant after
having served approximately 14 years as an enlisted  airman.   He  has
been progressively promoted to the grade of captain  with  a  Date  of
Rank (DOR) and a PED of 24 January 2007.  He is currently serving with
the NYANG and  as  of  17 September  2006,  has  almost  17  years  of
satisfactory service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states DOR and PED are established in
accordance  with  Air  Force  Instruction   (AFI)   36-2504,   Officer
Promotion, continuation and Selective Early Removal in the Reserve  of
the Air Force, which states DOR and PED cannot be  established  sooner
than the date the officer fulfills the required time  in  grade  (TIG)
for promotion, the date the approval authority signs the list of those
recommended for promotion, or public release of the selection process,
whichever is later.  DPB states  the  applicants  name  was  forwarded
along with all other first lieutenants who would meet the two-year TIG
requirement during fiscal year  (FY)  2007.   The  approval  authority
signed the FY07 list and it was publicly released on 24 January  2007.
Therefore, 24 January 2007 is  the  earliest  PED  any  captain-select
received, if they were selected for FY07 promotion.  As all  selectees
were promoted at the same time and received the same DOR  and  PED  as
the applicant, he will not be at a disadvantage for  future  promotion
as he and  his  peers  will  be  eligible  for  promotion  during  the
appropriate FY.

DPB’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
15 June 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
including his assertion his PED is incorrect due to an  administrative
delay during the promotion process; 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.   In  our
opinion, the  reasoning  behind  his  argument  is  erroneous  and  is
contrary to established Air Force policy, which  implements  the  law.
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-
2007-01667 in Executive  Session  on  20  September  2007,  under  the
provisions of AFI 36-2603:

      Mr. Christopher D. Carey, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James L. Sommer, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 February 2007, w/atchs.
     Exhibit B.  Letter, ARPC/DPB, dated 6 June 2007.
     Exhibit C.  Letter, SAF/MIBR, dated 15 June 2007.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair

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