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AF | BCMR | CY2008 | BC-2007-00485
Original file (BC-2007-00485.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00485
                                        INDEX CODE:  107.00
    xxxxxxxxxxxxxxxxxxx                 COUNSEL:  NONE
                                        HEARING DESIRED:  YES
_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) and  effective  date  to  the  grade  of  captain  be
changed from 24 Jan 07 to 22 Nov 06.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He met all requirements to be promoted  on  time.   All  Guard  and  Reserve
officers who were eligible for promotion to captain between 1 Oct 06 and  23
Jan 07 had their DORs delayed to 24 Jan 07.  This  takes  approximately  two
months away from his DOR  and  delays  future  promotions.   This  injustice
allows active duty captains who would be promoted from 23 Nov 06  –  23  Jan
07 to out rank him and other Guard and Reserve captains.  He was  on  active
duty orders during this period which should  invalidate  any  argument  that
the Guard and Reserves fall under a different promotion standard.

In support of his request, the applicant provides a copy of his active  duty
deployment orders.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates  the
applicant’s Total Federal Commissioned Service Date as 22  Nov  02.   He  is
currently serving in the IA ANG in the grade of  captain,  with  a  date  of
rank and an effective date of 24 Jan 07.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1POP states the applicant  was  selected  for  promotion  on  the  FY07
Captain Promotion list.  This list was approved by the Secretary of  Defense
on 23 Jan 07 and was publicly released on 24 Jan  07.   Normally,  the  FY07
list would have been approved before 1 Oct 06, but there was a delay in  the
approval.  If the list had been approved before  1  Oct  06,  the  applicant
would be entitled to a DOR and effective date of 22  Nov  06,  the  date  he
obtained two years time in  grade  as  a  first  lieutenant.   The  complete
NGB/A1POP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the  applicant  on  3 Jul  07
for review and comment within 30 days.  As of this  date,  this  office  has
not received a 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case and  do  not  find  it
supports a determination that the applicant's DOR  should  be  changed.   In
this  respect,  it  appears  the  applicant’s  DOR  and  effective  date  of
promotion were  appropriately  established  in  compliance  with  Air  Force
instructions and Title 10 U.S.C.  The statute does allow correction  of  the
record if determined that the appointment to the grade is made by reason  of
unusual circumstances that caused an unintended delay in the  processing  or
approval of the promotion list.  However, after our review of  the  evidence
before us we are not persuaded that the delay was the result of  an  unusual
circumstance.  Accordingly, finding no evidence by the applicant showing  he
was treated differently than others similarly situated or that his  DOR  and
effective date were established contrary to the provisions of the  governing
instruction or Title 10 U.S.C., we find the applicant has failed to  sustain
his burden of proof of the existence of either an  error  or  an  injustice.
Therefore, we find no compelling basis  to  recommend  granting  the  relief
sought.

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 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  2007-00485  in
Executive Session on 4 Aug 08, under the provisions of AFI 36-2603:

           Mr. James W. Russell, III, Panel Chair
           Mr. Michael K. Gallogly, Member
           Mr. Alan A. Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00485 was considered:

     Exhibit A.  DD Form 149, dated 4 Feb 07, w/atchs.
     Exhibit B.  Letter, NGB/A1POP, dated 26 Jun 07.
     Exhibit C.  Letter, SAF/MRBR, dated 3 Jul 07.





                             JAMES W. RUSSEL III
                                             Panel Chair

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