RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03904
                                             INDEX CODE:  131.03, 131.05,
                                               135.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect there was no break in  service  when  he
transferred from the Regular Air Force (RegAF)  to  the  Air  Force  Reserve
(AFR).

His date of rank (DOR) be adjusted to 1 October  2000  to  reflect  a  board
that convened one-year earlier.

He be  granted  a  Special  Selection  Board  (SSB)  for  consideration  for
promotion to the grade of lieutenant colonel due to the fact the  June  2007
promotion board did not consider him.

________________________________________________________________

APPLICANT CONTENDS THAT:

He did not have a break in service when he transferred  from  the  RegAF  to
the AFR.

He should have been considered for In-the-Primary-Zone  (IPZ)  promotion  to
the grade of major in June 2000, but was not  considered  until  June  2001.
This, in-turn, caused him to miss IPZ consideration  for  promotion  to  the
grade of lieutenant colonel in June 2007.

Time is  of  the  essence  as  he  is  currently  a  Category  B  Individual
Mobilization  Augmentee  (IMA)  and  would  like  to  become  a  Traditional
Reservist in a lieutenant colonel billet in a C-130 unit.

In support of his appeal, he has provided copies  of  his  DD  Form  214,  a
personal statement, his Reserve  Commissioning  Order,  a  Virtual  Military
Personnel Flight (vMPF) record showing his Date of Initial  Entry  into  the
Reserve Forces (DIEFR) as 2 May 1999, and a vMPF record showing his  DOR  as
a captain of 31 May 1993, and his DOR as a major of 1 October 2001.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant resigned his commission and was discharged from the  RegAF  in
the grade of captain on 1 May 1999.  He was subsequently  appointed  in  the
AFR in the grade of captain on 2 May 1999, and is currently serving  in  the
Ready Reserve as an IMA.  He was promoted to the grade  of  captain  with  a
DOR of 31 May 1993, and promoted to  the  grade  of  major  with  a  DOR  of
1 October 2001.

In order to allow for implementation of all the provisions  of  the  Reserve
Officer Personnel Management Act (ROPMA) with as little negative  impact  as
possible, a 5-year transition period (1 October 1996 –  30  September  2001)
was provided to phase-in the promotion criteria outlined  in  the  new  law.
During the transition period,  the  AFR  phased-out  the  previous  time-in-
service (TIS) requirements  for  mandatory  (IPZ)  promotion  consideration.
Upon expiration of the ROPMA 5-year transition period  on  1  October  2001,
the previous TIS criteria for IPZ  promotion  consideration  was  no  longer
applicable.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial of all relief requested.  The applicant  did  not
incur a break  in  service,  was  promoted  on-time,  and  was  not  treated
unfairly or any differently than his peers when he was  considered  for  IPZ
promotion to major.

The applicant separated from the RegAF on 1 May 1999, and was  appointed  in
the AFR on 2 May 1999; therefore, he did not incur a break in service as  he
contends.

The applicant’s DOR as a captain was 31 May 1993.  He was therefore not  DOR
eligible for IPZ promotion consideration to the grade  of  major  until  the
FY01 USAFR Major Promotion Board which convened on 3 March  2000.   However,
the AFR was in the final year of the ROPMA 5-year Transition Period, and  to
be considered by that Board, officers were also required  to  have  a  Total
Years Service Date (TYSD) of 31 March 1989, or earlier.  Since his TYSD  was
31 May 1989, he was not eligible for IPZ consideration by that Board.

The applicant was considered and selected for IPZ promotion to the grade  of
major by the FY02 IPZ Board which was his first promotion eligibility.   His
DOR as a major is 1 October 2001, and he will be eligible for IPZ  promotion
consideration to the grade of lieutenant colonel by the  FY09  board,  which
is tentatively scheduled to convene on 9 June 2008.



The ARPC/DPB evaluation, with attachments, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  21
December 2007, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

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.  He did  not
incur a break in service as he contends, and  evidence  has  been  presented
that he was considered for promotion to the grade  of  major  at  his  first
eligibility and was promoted on-time, and that he will not be  eligible  for
promotion consideration to the grade of lieutenant colonel  until  the  FY09
Central Selection Board.  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-2007-03904
in Executive Session on 12 February 2008, under the provisions  of  AFI  36-
2603:


                       Ms. Charlene M. Bradley, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Nov 07, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 18 Dec 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Dec 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair