RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01776
            INDEX CODE:  131.04, 131.05

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid as a major retroactively to his date of rank  (DOR)  rather
than his promotion effective date (PED).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the delays his promotion package experienced  while  undergoing
the Federal recognition process, his DOR and PED are nearly six months
apart.  The delay of payment on a promotion is unjust not only because
of the financial burden placed on him but because of retention  issues
in the future.  If his DOR is the determining factor on  how  long  he
can occupy his pay grade, he should be paid for the entire duration of
time he spends in that grade.  He feels if he occupies the rank in all
administrative capacities, he should be paid accordingly.

In support of his appeal, the applicant has provided  a  copy  of  the
order promoting him to the Reserve grade of major.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air National  Guard  (ANG)  on  21 September
1988.  He served for almost nine years in an  enlisted  status  before
being appointed a second lieutenant (2Lt) in the ANG on 26 June  1997.
He was submitted for unit vacancy (UV) promotion to the grade of major
that was boarded at his unit on 15 September 2006.  It was approved by
the unit  board  but  the  state  headquarters  did  not  receive  the
promotion package until almost  a  month  later  on  12 October  2006.
NGB/A1P0P did not receive his promotion package until 19 October 2006.
 Had his package been received by A1P0P  on  or  before  30  September
2006, his PED would have been 4 January 2007.  Consequently, his  name
was  on  the  November  2006  ANG  Major  Promotion  List  that  began
processing in November 2006 and  was  approved  on  21  February  2007
yielding a DOR of 15 September 2006 and a PED of 21 February 2007.  He
is currently serving with the Nevada ANG (NVANG) and has over 18 years
of satisfactory service.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1P0F recommends denial.  Based on  input  from  the  ANG  Subject
Matter Expert (SME), A1P0F states the  applicant’s  promotion  package
was not received in time to be considered for Federal recognition by a
promotion board earlier than the November 2006  board.   A1P0F  states
even if his package had been included  on  the  earlier  October  2006
list, his PED would only have been  4  January  2007  rather  than  21
February 2007.

A1P0F’s complete evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the NGB’s subject matter expert  misunderstands
the issue.  He contends there  should  be  no  difference  between  a
member’s effective date of rank and their date of rank regarding pay.
 He contends that paying members retroactively  based  on  their  DOR
would be mutually beneficial to both the  Armed  Forces  and  serving
members.  He suggests a revision to Air  Force  and  DOD  policy  and
states people want to stay in an organization that  fights  for  them
and not against them.

______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting partial correction  of  the
applicant’s  record.   He  contends  that  avoidable  and   apparently
unnecessary delays during the promotion process to the grade of  major
resulted in a difference between his promotion  effective  date  (PED)
and his date of rank (DOR).  As the ANG Subject  Matter  Expert  (SME)
noted, he was submitted for promotion by his state in September  2006.
Had the NGB received his promotion package prior to 30 September 2006,
he would have been submitted for Federal recognition  on  the  October
2006 list that eventually yielded a PED of 4 January 2007.  This being
the case, and taking into consideration that the delay  in  processing
his package has not been adequately explained, except that  the  delay
was not due to any fault of the applicant, it is our opinion that  his
records should be corrected to reflect the earlier PED.  In regard  to
his DOR, we note that a member’s DOR denotes the  starting  point  for
the time in grade (TIG) requirement for advancement to the next higher
grade.  The PED identifies when the member begins to earn pay  in  the
next higher grade after  promotion.   Therefore,  in  the  absence  of
compelling evidence to the  contrary,  we  recommend  his  records  be
corrected only to the extent indicated below.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue involved.  Therefore,
the request for a hearing is not favorably considered.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 22  February  2007,
he was promoted to  the  Reserve  grade  of  major  with  a  promotion
effective date of 4 January 2007, rather than 21 February 2007.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-01776  in  Executive  Session  on  30  October  2007,  under  the
provisions of AFI 36-2603:

      Mr. Jay H. Jordan, Panel Chair
      Mr. Garry G. Sauner, Member
      Mr. Joseph D. Yount, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 May 2007, w/atch.
    Exhibit B.  Letter, NGB/A1P0F, dated 31 August 2007, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 14 September 2007.
    Exhibit D.  Letter, Applicant, undated.




                                   JAY H. JORDAN
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2007-01776




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 22 February
2007, he was promoted to the Reserve grade of major with a promotion
effective date of 4 January 2007, rather than 21 February 2007.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency