RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02176
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be changed to show she met the calendar year 2006 (CY2006)
Lieutenant Colonel (Lt Col) Medical Corps Promotion Board and was
selected for promotion to Lt Col with a pin on date of 1 July 2007.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Had she met the November 2006 Lt Col board as she was supposed to she
would have a date of rank (DOR) of 1 July 2007. As a physician,
promotion to Lt Col is automatic; she needed no recommendation and she
has enough credits/years to be promoted to Lt Col.
In support of her appeal, the applicant has provided copies of emails
and pertinent parts of her personnel record.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 5 July 2006 as a major with a DOR of
1 July 2001. She will meet the CY07A Lt Col Medical Corps board on 5
November 2007; the first board she is eligible to meet after her entry
on active duty. The CY06A Lt Col Medical Corps board was convened on
13 November 2006. The eligibility requirements established by the
Secretary of the Air Force were that the officer must be on active
duty for six months as of the board convening date. Applicant was
only on duty for approximately 120 days prior to the convening of the
CY06A board.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPO reviewed this application and recommended denial. DPPPO
states that while the applicant appears to believe her promotion to Lt
Col is automatic, by law she must meet a selection board convened
under Title 10, United States Code (U.S.C.), Section 611. The six-
month Extended Active Duty (EAD) requirement provides commanders
sufficient time to make a determination on whether an officer should
be promoted to the next higher grade. It is not uncommon for officers
in nonline competitive categories to enter active duty with a large
amount of constructive service credit making them seem immediately
overdue for promotion upon entering active duty. However, they do not
have enough time to enter active duty at the next higher grade and
must meet the first board scheduled for their competitive category to
be promoted. DPPPO states there is no legal “right” or entitlement to
promotion, nor is there a legal right or entitlement to an approved
promotion occurring on a specified date. In accordance with DoD
Directive 1320.7, medical officers are promoted on their six-year
anniversary of their current grade DOR or date of Senate confirmation,
whichever is later.
DPPPO’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
10 August 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. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that her uncorroborated assertion of being eligible for automatic
promotion to Lt Col, in and of itself, is sufficient to override the
rationale provided by the Air Force. Consequently, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain her burden of proof
of having suffered either an error or injustice. Therefore, in the
absence of persuasive evidence to the contrary, we find no compelling
basis to recommend granting the relief sought in this application.
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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-
2007-02176 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 21 June 2007, w/atchs.
Exhibit B. Letter, AFPC/DPPPO, dated 25 July 2007.
Exhibit C. Letter, SAF/MRBR, dated 10 August 2007.
CHRISTOPHER D. CAREY
Panel Chair
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