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AF | BCMR | CY2008 | BC-2007-03274
Original file (BC-2007-03274.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-03274
            INDEX CODE:  102.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His current date of rank of 24 Jan 07 be adjusted to 22 Nov 06, the date  he
was first eligible for promotion to captain.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It  was  the  intention  of  the  wing  executive  officer,  his   immediate
supervisor, and the wing commander to promote  him  on  22  Nov  06.   Their
endorsement of the timeliness of this promotion is evident by their  support
letters.

Through no  fault  of  his  own  and  contrary  to  the  recommendations  of
leadership at his unit, he was penalized due to a “systematical” error.

The 24 Jan 07 date was  established  by  signatures  of  the  FY07  Captains
Promotion Board. All other persons eligible for promotion  from  that  board
were promoted at their first eligible dates, determined by  two  years  time
in grade (TIG).

Since his supervisor and commander supported his two-year TIG promotion,  he
feels it was unjust that his promotion was delayed, which increased his  TIG
as a first lieutenant to months behind his peers.

In support of his request, the applicant provided support letters  from  his
wing executive support officer and wing commander.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard  in  the  grade
of captain with a date of rank of 24 Jan 07.

_________________________________________________________________


AIR FORCE EVALUATION:

NGB/A1PS recommends denial of the request.  The date of rank  for  promotion
on the captain’s list will be the date the officers complete two years  time
in grade or upon the Secretary of Defense’s approval,  or  upon  the  public
release  date,  whichever  is  later.   Regardless  of  the  fact  that  the
applicant completed two years TIG for promotion on 22 Nov 06, he  could  not
be promoted until 24 Jan 07, the date of public release.

The NGB/A1PS complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  9  Nov
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;  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-2007-03274
in Executive Session on 16 January 2008, under the  provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Patricia R. Collins, Member
      Ms. Audrey Y. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 2 Oct 07.
    Exhibit B.  NGB/A1PS, w/atch, dated 1 Nov 07.
    Exhibit C.  SAF/MRBR Letter, dated 9 Nov 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair






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