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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