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AF | BCMR | CY2007 | BC-2007-02267
Original file (BC-2007-02267.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02267
            INDEX CODE:  131.05

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 JANUARY 2009

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank (DOR) to major be changed from 1 Oct 02 to Aug 03.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When she transitioned from the active duty Air  Force  to  the  Reserves  in
2001, she was not aware her name should have been picked  up  for  the  2002
Reserve Promotion Board.  She was told by AFRC that  this  happened  because
of a computer cliche [sic].  She was told this information in 2003  and  met
a Special Selection Board (SSB).  She was promoted to the rank of  major  in
Aug 03; however, her date of rank was backdated retroactive to Oct 02.   She
physically pinned on major in Aug 03.

Because of this change in her DOR,  she  was  forced  to  meet  her  Lt  Col
selection boards very early,  not  allowing  her  the  appropriate  time  to
professionally prepare for her promotion zones and be as competitive.

She reentered active duty in Jun 04 and having pinned on major less  than  a
year prior, she immediately started meeting the boards.  She has not been  a
major as long as her records indicate.  She would like her DOR  adjusted  to
reflect her “true” pin-on date and allow her the  opportunity  to  meet  her
promotion zones at the correct time, not prematurely.  She was  not  allowed
the appropriate time to professionally prepare for  her  lieutenant  colonel
promotion board.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 21 Aug  90  and  separated  in  2001  as  a
captain with a DOR of 1 Jul 94.  Had the applicant remained on active  duty,
she would have met the CY02A Major Board and if  selected,  she  would  have
met the CY08 Lieutenant Colonel Board.

Applicant reentered active duty on 28 May 04 as a major with a DOR of 1  Oct
02.  She met the CY07A Lieutenant Colonel NC Board  on  9  Apr  07  and  was
nonselected for promotion.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPO recommends denial.  There was no error or injustice  in  the  way
her DOR  was  calculated.   They  have  no  recommendation  if  the  Board’s
decision is to grant relief over their objection.

The applicant’s DOR to major was not  calculated  in  error.   Officers  who
meet SSBs based on errors in their records  or  for  boards  they  miss,  if
selected by the SSB, will receive a DOR retroactive to the date  they  would
have been promoted had they been selected  by  the  original  board.   These
DORs  are  not  adjusted  based  on  when  they  “physically”  pin-on.   The
applicant pinned on major prior to entering  active  duty  and  should  have
known at that time when she would meet her lieutenant  colonel  boards.   If
the applicant felt she would not be competitive for promotion, she  had  the
option not to return to active duty.  Instead,  she  waited  until  she  was
nonselected for promotion to request a DOR change.

The  applicant’s  situation  and  competitiveness  for  promotion   are   no
different than many of the other officers who returned to active duty  under
the Voluntary Recall Program or any other return  to  active  duty  program.
In some instances, these officers were required to meet boards with only  12
months  on  active  duty  and  the  majority  of  these  officers  were  not
competitive with their original year group.  In addition,  there  have  been
many officers in like situations that were  promoted.   In  the  applicant’s
case, she had almost three years on active duty before meeting  her  primary
board.

The DPPPO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Sep 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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-
02267 in Executive Session on 24 October 2007, under the provisions  of  AFI
36-2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Lea Gallogly, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02267 was considered:

    Exhibit A.  DD Form 149, dated 17 Jul 07.
    Exhibit B.  Letter, AFPC/DPPPO, dated 22 Aug 07.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Sep 07.




                                             MICHAEL V. BARBINO
                                             Panel Chair

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