RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02895
            INDEX CODE:  131.00
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered for promotion to the grade of lieutenant  colonel  (LTC)
by the Calendar Year 2007A (CY07A) Lieutenant Colonel Dental Corps Central
Selection Board.

________________________________________________________________

APPLICANT CONTENDS THAT:

The Recruiting Squadron advised her she would be eligible to  compete  for
promotion when she returned to active duty.  She was not advised there was
a policy that you must have 6-months on active duty before being  eligible
to meet a promotion board.  Based on her prior active  duty  and  civilian
practice, she should be considered for promotion with her peers.

In support of her request, the applicant provided a personal statement,  a
memorandum from her deputy commander; a  memorandum  from  the  Recruiting
Squadron; a copy of her DD Form 214, Certificate of Release  or  Discharge
from Active Duty; AF  Form  475,  Education  Training  Reports;  AF  Forms
707(A/B), Field and Company Grade Officer Performance Report; AF Form 778,
Reserve Appointment Order; Medical Special  Pays  SURF;  AETC  FORM  1431,
Medical Service and Pay Computation Worksheet, AF  Form  60,  Construction
Credit Computation, AF Form  766,  Extended  Active  Duty  Order;  Medical
Assignment Worksheet and statement of service.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 5 January 1999. On  9 February  2005,
she was separated from active duty in the grade of major.   On  17 October
2006, she began working with  a  recruiter  to  transfer  from  Air  Force
reserve status  to  active  duty.   On  16 April  2007,  her  request  for
conditional release from the Reserves was granted.  On 4  June  2007,  she
entered active duty as a major with a date of rank of 7 August 2001.

The eligibility requirements for consideration for promotion by the  CY07A
selection board specifies that an eligible officer must be on  the  active
duty list for a period of six-months.  She had only five months of  active
duty as of the board convening date.  The promotion opportunity for dental
corps officers to LTC is 100%.

On 10 September 2007, a memorandum  from  the  331st  Recruiting  Squadron
Officer Accession Flight indicated they were not aware the  applicant  had
to enter active duty in May 2007  in  order  to  meet  the  November  2007
promotion board.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 recommends denial.  DPAMF2 states  the  applicant's  effective
date of duty on EAD was on or after 4 June 2007. According to AFI 36-2604,
Service Dates and Dates of Rank, active duty pay begins the date a reserve
member begins travel in compliance with the EAD order.   DPAMF2  does  not
have the authority to publish amendments to the applicant's EAD  order  to
change her EAD date.  It would  be  illegal  to  backdate  the  orders  to
reflect an earlier EAD date.  She should not be entitled  to  receive  pay
and benefits prior to an EAD of 4 June 2007, since she was not serving  on
EAD.  DPAMF2 states it might have been understandable if the applicant was
entering AD service for the first time, but notes  she  served  on  active
duty in the Air Force from 1999-2005 and met the major's promotion  board.
If she was adamant about coming on as a  LTC,  she  should  have  been  as
persistent about checking in advance on when  she  would  be  eligible  to
compete for promotion to LTC upon entering the service.  DPAMF2 defers  to
DPPPO to allow a waiver to be processed to make her  eligible  to  compete
for Special Selection Board (SSB) consideration.

The complete DPAMF2 evaluation, with attachments, is at Exhibit C.

AFPC/DPSOO recommends approval.  DPSOO states the only option available to
allow her to meet the board would be a waiver  to  her  EAD  requirements.
The applicant has previous active duty time and is  presently  behind  her
peers by one year.  DPSOO recommends the applicant's requirement be waived
and she be allowed to meet the CY07 LTC DC board on 5 November 2007 as  an
IPZ eligible.  The six-month EAD requirement is to  ensure  the  applicant
has at least one active duty report  prior  to  meeting  the  board.   The
applicant has a complete record of performance that will  be  reviewed  by
central board members.

The complete DPSOO evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on  19
October 2007 for review and comment within 30 days.  As of this date, this
office has received no response (Exhibit D).

________________________________________________________________

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 an injustice warranting corrective action.  In this  respect,
it  appears  that  the  policy  in  place  which  rendered  the  applicant
ineligible for consideration by the CY07A selection board was  implemented
with the intent of ensuring  eligible  officers  had  sufficient  time  in
service to allow the inclusion of at least one Officer Performance  Report
(OPR) in the selection record.  Since the applicant  is  a  prior  service
officer and her record contains OPRs from  her  prior  service,  including
several OPRs prepared while she was serving in  the  grade  of  major,  we
believe application of  the  relevant  policy  in  this  case  is  unjust.
Therefore, we recommend her records be corrected to the  extent  indicated
below.

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 RECOMENDS:

The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 5 June 2007,  she  requested  a
waiver of the eligibility requirements for consideration for promotion  to
the grade of  lieutenant  colonel  by  the  Calendar  Year  2007A  (CY07A)
Lieutenant Colonel, Dental Corps, Central Selection Board, as an exception
to policy, and her request was approved by competent authority.

It is further recommended that she be  considered  for  promotion  to  the
grade of lieutenant colonel by a Special Selection  Board  for  the  CY07A
Lieutenant Colonel, Dental Corps, Central Selection Board.

________________________________________________________________

The following members of the Board considered Docket Number  BC-2007-02895
in Executive Session on 27 November 2007, under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
            Ms. Debra K. Walker, Member
            Mr. Kurt R. LaFrance, Member

All members voted to correct the records, as  recommended.  The  following
documentary evidence pertaining to AFBCMR Docket Number BC-2007-02895  was
considered:

Exhibit A.  DD Form 149, dated 10 September 2007, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPAMF2, dated, 10 October 2007, w/atchs.
Exhibit D.  Letter, AFPC/DPSOO, dated, 17 October 2007.
Exhibit E.  Letter, SAF/MRBR, dated 19 October 2007.





                                   THOMAS S. MARKIEWICZ
                                   Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



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 Office of the Assistant Secretary

AFBCMR BC-2007-02895




MEMORANDUM FOR 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 XXXXXXX, XXXXXXX, be corrected to show that on 5 June 2007,
she requested a waiver of the eligibility requirements for consideration
for promotion to the grade of lieutenant colonel by the Calendar Year
2007A (CY07A) Lieutenant Colonel, Dental Corps, Central Selection Board,
as an exception to policy, and her request was approved by competent
authority.

      It is further directed that she be considered for promotion to the
grade of lieutenant colonel by a Special Selection Board for the CY07A
Lieutenant Colonel, Dental Corps, Central Selection Board.






                                                       JOE G. LINEBERGER
                                                             Director
                                                 Air Force Review Boards
Agency