RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01945
INDEX CODE: 131.04
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Dec 22, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His promotion effective date (PED) be corrected from 8 Jun 07 to 29 Mar
07.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His PED and date of rank (DOR) from the U0408A major’s board (FY08 Line and
Health Professions Major Position Vacancy Promotion (PV) Selection Board,
Feb 07) was based on completion of time in grade (TIG) of four years,
public release date of the board results or the signature of the approval
authority, whichever was later.
He surpassed four years TIG on 12 Jun 06.
The Secretary of Defense approval authority was granted on 22 Mar 07 and
the established public release date was 29 Mar 07. Based on these dates,
his PED should match his DOR of 29 Mar 07.
In support of his request, the applicant provided a copy of the Air Reserve
Personnel Center memorandum (ARPCM 07-05) and e-mails regarding his
promotion.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the applicant’s records reflects he is currently
serving as an Active Guard Reserve (AGR) in the grade of major. His
effective DOR is 29 Mar 07 and his promotion effective date is 8 Jun 07.
Other relevant facts are outlined in the Air Force advisory at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial of the applicant’s request. The applicant was
considered and selected by the V0408A major board, the mandatory board, not
the PV board. Had he been selected by the PV board, his claim would be
founded. He actually received an accelerated promotion via AFI 36-2504,
Officer Promotion Continuation and Selective Early Removal in the Reserve
of the Air Force, paragraph 6.5. Except for the accelerated promotion
request, his mandatory DOR and PED would have been 12 Jun 08.
The ARPC/DPB complete evaluation, with attachments is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 3
Jul 07 and 13 Aug 07 for review and comment within 30 days. As of this
date, this office has not received a response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
An additional Air Force evaluation was required based on questions posed by
the Board. AFRPC/DPB determined the initial advisory was in error and
prepared a corrected advisory.
ARPC/DPB recommends denial of the applicant’s request. The approval for
the applicant’s promotion was received on 6 Jun 07. The applicant received
the original DOR of 29 Mar 07, with an effective date of 8 Jun 07, allowing
sufficient time to process the order for promotion. The two-business day
difference between date received and effective date of promotion is
standard procedure for manually published promotion orders (policy
guidelines contained in AFI 36-2504, paragraph 6.5.) Grade and strength
limitations were not met on that date. The earliest date allowed would
have been 6 Jun 07; however, using the 8 Jun 07 effective date for pay
followed procedures already in place. The officer did receive the DOR
established for his PV promotion board (29 Mar 07), only the effective date
was later to allow for strength limitations and authorization to hold the
higher grade on active duty.
The ARPC/DPB complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13 Aug
07 for review and comment within 30 days. As of this date, this office has
not received a response (Exhibit F).
_________________________________________________________________
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 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. 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-2007-01945
in Executive Session on 13 September 07 and 4 October 2007, under the
provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered for BCMR Docket Number BC-
2007-01945:
Exhibit A. DD Form 149, w/atchs, dated 12 Jun 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. ARPC/DPB Memorandum, w/atchs, dated 27 Jun 07.
Exhibit D. SAF/MRBR Letter, dated 3 Jul 07.
Exhibit E. ARPC/DPB Memorandum, dated 9 Aug 07.
Exhibit F. AFBCMR Letter, dated 13 Aug 07.
PATRICIA ZARODKIEWICZ
Panel Chair
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