RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03139
                                             INDEX CODE:  131.05
      XXXXXXXXXXXXXX                    COUNSEL:  NONE

                                             HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of captain be  back-dated  to  the  date
the promotion board results were published, or the date the promotion  board
convened.

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APPLICANT CONTENDS THAT:

While serving in the U.S. Army Reserve, he was considered for  promotion  to
the grade of captain on 7 November 2006, and  the  board  results  were  not
published until 22 February 2007.

He should not have been penalized for transferring to another branch  before
the board results were published.  In reality, he should have been  promoted
to captain as soon as the board convened on 7 November  2006,  when  he  was
selected for promotion.

He transferred to the Michigan Air National Guard (MIANG) in December  2006,
and since then, he has been re-boarded by the MIANG and awarded the rank  of
captain as of 1 October 2007.

In support of his appeal, he has provided copies of the FY08 Reserve of  the
Air Force Line and Non-line Captain Promotion  Process  memorandum  with  an
attached  Mandatory  Select  List,  a   Department   of   the   Army   (DOA)
Consideration for Calendar  Year  2006,  Reserve  Components,  Captain  Army
Promotion  List  Promotion  Selection  Boards  memorandum,  announcing   the
Selection Boards convening on 7 November 2006, and an undated FY06  Captain,
RC/APL, Selection Board Results list he states was published on 22  February
2007.

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

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STATEMENT OF FACTS:

The applicant is a former  member  of  the  Department  of  the  Army  (DOA)
Reserve Components who, while still a member of the DOA, was considered  and
selected for promotion to the grade of captain by a board that  convened  on
7 November 2006.  The public release date for that  board  was  subsequently
established as 22 February 2007, and, at the time  the  DOA  selection  list
became a promotion list (when it was signed by the approval  authority),  he
was no longer a DOA asset as he had transferred to the MIANG  in  the  grade
of first lieutenant in December, 2006.

Title 10, United States Code (10 USC), Section 14109(a),  states  that  each
promotion board shall submit to the Secretary  of  the  military  department
concerned, a report in writing containing a list of names  of  the  officers
recommended for promotion.   10 USC,  Section  14110(a),  states  that  upon
receipt of the report of a promotion board, the Secretary  of  the  military
department concerned shall review the report,  and  following  that  review,
the Secretary shall submit the report as required by 10 USC, Section  14111,
and Section 14111(a)  states  that  the  Secretary  concerned,  after  final
review of the report of a selection board, shall  submit  the  report,  with
the Secretary’s recommendations, to the Secretary of  Defense  (SECDEF)  for
transmittal  by  the  SECDEF  to  the  President  (POTUS)  for  approval  or
disapproval.  If the authority of the POTUS to  approve  or  disapprove  the
report of a promotion board is delegated to the SECDEF, that  authority  may
not be re-delegated except to an official in the Office of the SECDEF.

10  USC,  Section  14112(a)(3)((B),  states  that  the  names  of   officers
recommended for promotion in the  report  of  a  selection  board  shall  be
disseminated to the armed force concerned upon approval  by  the  POTUS  (in
the case of promotions not required  to  be  submitted  to  the  Senate  for
confirmation).  10 USC, Section 14308(a), states that when the report  of  a
selection board is approved by the POTUS,  the  Secretary  of  the  military
department concerned shall place the names  of  all  officers  selected  for
promotion  within  a  competitive  category  on  a  single  list  for   that
competitive category, to be known as a  promotion  list,  in  the  order  of
seniority of those officers on the Reserve Active-Status List (RASL).

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial of the applicant’s request.  By statute,  he  was
ineligible for DOA promotion consideration and ineligible to carry over  any
pending promotion  that  had  not  yet  consummated.   They  point  out  the
applicant has the  option  to  pursue  a  request  to  change  his  date  of
separation to a date after he would have assumed the higher grade  with  the
DOA.

The ARPC/DPB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  12
October 2007, for review and comment, within 30 days.  However, as  of  this
date, no response has been received by this office.

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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 their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   By
the time the DOA selection list containing his  name  was  approved  by  the
promotion authority, thus becoming a promotion list, he was no longer a  DOA
asset and was therefore ineligible by statute for a  DOA  pending  promotion
that had not yet consummated.  It should be noted  that  the  applicant  has
the option to pursue a request to change his date of separation  to  a  date
after he would have assumed the higher grade with the  DOA.   Therefore,  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

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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.

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The following members of the Board considered  Docket  Number  BC-2007-03139
in Executive Session on 4 December 2007, under the  provisions  of  AFI  36-
2603:

                       Ms Kathleen F. Graham, Panel Chair
                       Mr Richard K. Hartley, Member
                       Mr Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 10 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair