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AF | BCMR | CY2008 | BC-2007-03619
Original file (BC-2007-03619.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03619
                                             INDEX CODE:  131.04
      XXXXXXXXXXXXXXX                   COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her effective date of promotion  to  the  grade  of  lieutenant  colonel  be
corrected to reflect 20 July 2007, and she receive the appropriate back  pay
and allowances.

________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an error in the calculation of the number of lieutenant  colonels  in
the Air National Guard (ANG) active duty head-space, she  was  one  of  five
statutory tour majors who were held back from the April 2007 promotion  list
which was subsequently signed  on  20 July  2007.   This  delay  caused  her
promotion effective date to be 4 September 2007 vice 20 July 2007.

In support of her appeal, she has provided a copy of National  Guard  Bureau
Special Order Number AP-230,  promoting  her  to  the  grade  of  lieutenant
colonel effective 4 September 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant was extended Federal recognition and promoted to the grade  of
lieutenant colonel, with a Date of  Rank  (DOR)  of  13 April  2007,  and  a
Promotion Effective Date of 4 September 2007.

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PS recommends denial of  the  requested  relief  since  her  promotion
package was not submitted  in  a  timely  manner.   There  are  two  Federal
recognition  promotion  boards  each  month,  and  since   the   applicant’s
promotion package was not forwarded to the Officer Promotion Board point  of
contact until 27 March 2007, it did not make the  established  cutoff  dates
for the March board or the 5 April 2007 board.  She was one of two  officers
subsequently considered by the  next  available  board,  which  convened  on
13 April 2007, and her name was  placed  on  the  May  2007  ANG  Lieutenant
Colonel Promotion List.

The NGB/A1PS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The issue was not adequately addressed since the dispute  actually  involves
an error in the calculation of the number of lieutenant colonels in the  ANG
active duty head-space, not  the  Active  Guard  Reserve  (AGR)  head-space.
Four other majors in ANG statutory tour (AGR)  positions  were  affected  by
this error and all of their names were left off  the  April  promotion  list
and subsequently placed on  the  May  2007  list.   Three  of  the  affected
statutory tour majors have had their cases adjudicated by  the  AFBCMR,  and
their request to adjust their lieutenant colonel  promotion  effective  date
was approved.  Additionally, there is no supporting documentation  that  her
completed package did not arrive until 27 March 2007.

The applicant’s complete submission is at 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.  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  her  contentions
are noted.  However, evidence has been presented that her promotion  package
was not submitted in a timely manner in order for her to  be  considered  by
the same board as the other officers whose promotions were held  up  due  to
an administrative situation, which resulted in a later  promotion  effective
date through no fault of their own.  While the applicant contends there  was
an error in the calculation of the number  of  lieutenant  colonels  in  the
ANG, she provides no evidence to support  this  contention.   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-2007-03619
in Executive Session on 21 May 2008, under the provisions of AFI 36-2603:

                       Ms. B.J. White-Olson, Panel Chair
                       Mr. Elwood C. Lewis, III, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Oct 07, w/atch.
    Exhibit B.  Letter, NGB/A1PS, dated 8 Jan 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jan 08.
    Exhibit D.  Letter, Applicant, dated 10 Feb 08.




                                   B.J. WHITE-OLSON
                                   Panel Chair

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