RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03810
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED




MANDATORY CASE COMPLETION DATE:  11 June 2008



_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion effective date (PED) and his date of rank (DOR)  to  the
grade of major be changed from 18 October 2006 to 1 May 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to a change in policy requirements in the Air National Guard (ANG)
promotion  process,  his  commander  was  unable  to  submit  him  for
accelerated Reserve Officer  Promotion  Management  Authority  (ROPMA)
promotion and he was required to stay on a mandatory  list  until  the
scroll had been approved granting him permanent  Federal  recognition.
The results as they affect him are a loss of pay and time in grade for
promotion to the next higher grade.

In support of his appeal, the applicant has  provided  copies  of  his
promotion order, a letter  from  his  commander  and  other  pertinent
copies of his personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed in the Regular  Air  Force  in  the  grade  of
second lieutenant (2Lt) with a DOR of 29 May 1996.  He was promoted to
first lieutenant (1Lt) on 29 May 1998 and to the grade of  captain  on
29 May 2000.  He was selected for promotion to the grade of  major  by
the active duty calendar year 2004A (CY04A) Majors promotion board but
transferred to the Massachusetts ANG (MAANG) on 16 April  2006,  prior
to his pin on date.  The transfer made him ineligible for  the  active
duty promotion to major.  Upon his appointment in the MAANG, his  name
was placed on an appointment nominations scroll which is processed for
Secretary of Defense approval.  During the time the scroll  was  being
processed for approval, he was extended temporary Federal recognition.
 Permanent Federal recognition is not extended  until  the  scroll  is
approved by the Secretary of Defense.  He was promoted to the  Reserve
grade of major effective  15  October  2006  and  with  a  DOR  of  13
September 2006.  He is currently serving with the MAANG and  has  over
10 years of satisfactory Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1P0F concurs with the ANG’s subject matter expert (SME) that  the
National Guard Bureau (NGB) does not have the authority to promote  an
officer serving under Temporary Federal  recognition  based  on  their
selection  by  an  active  duty  Air  Force  Promotion  board.   A1P0F
therefore, defers this decision to the AFBCMR.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
July 2007 for review and comment within 30 days.  As of this date,  no
response has been received by this office.

_________________________________________________________________

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.  The  applicant’s  promotion  to  the
grade of major by the Regular Air Force would not have  been  effected
until after he had left the Air Force and accepted an  appointment  in
the Air National Guard.  The  ANG  has  the  means  to  promote  these
officers via  unit  vacancy  promotion  through  the  Reserve  Officer
Personnel Management Act (ROPMA).  We noted his commander’s  statement
that he would have, if not for a change in ANG policy, followed normal
procedure  and  recommended  the  applicant  for   accelerated   ROPMA
promotion to the grade of major effective and with  a  DOR  of  1  May
2006.   His  active  duty  promotion  to  major  had  been  previously
confirmed by the  Senate  and  his  ANG  commander  felt  he  met  the
requirements for an  accelerated  ROPMA  position  vacancy  promotion.
Inasmuch as we  have  found  no  evidence  disputing  his  commander’s
recommendation in this matter, it is  our  opinion  that  his  records
should be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.  He was not transferred from the  Active  Duty  List  to  the
Reserve Active Status List on 16 April 2006 but rather, he remained on
the Active Duty List.

      b. He was selected for promotion to the grade of  major  by  the
Calendar Year 2004A Line of the Air Force Major’s Selection board that
convened on 1 November 2004 and was confirmed  by  the  Senate  on  18
November 2005.

      c. He was promoted to the grade of major effective  and  with  a
date of rank of 1 May 2006.

      d. On 2 May 2006, he was transferred from the Active  Duty  List
to the Reserve Active Status List in the grade of major as a member of
the Massachusetts Air National Guard.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-03810  in  Executive  Session  on  16  August  2007,  under   the
provisions of AFI 36-2603:

      Ms. B.J. White-Olson, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Josephine L. Davis, Member

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

    Exhibit A.  DD Form 149, dated 6 December 2006, w/atchs.
    Exhibit B.  Letter, NGB/A1P0F, dated 27 June 2007, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 3 July 2007.




                                   B. J. WHITE-OLSON
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary



AFBCMR BC-2006-03810




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:

            a.  He was not transferred from the Active  Duty  List  to
the Reserve Active Status  List  on  16  April  2006  but  rather,  he
remained on the Active Duty List.

            b.  He was selected for promotion to the grade of major by
the Calendar Year 2004A Line of the Air Force Major’s Selection  board
that convened on 1 November 2004 and was confirmed by the Senate on 18
November 2005.

            c.  He was promoted to the grade of  major  effective  and
with a date of rank of 1 May 2006.

             d.  On 2 May 2006, he was transferred from the Active
Duty List to the Reserve Active Status List in the grade of major as a
member of the Massachusetts Air National Guard.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency