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AF | BCMR | CY2008 | BC-2008-00660
Original file (BC-2008-00660.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-00660
                                        INDEX CODE:  107.00
    Xxxxxxxxxxx                   COUNSEL:  NONE
                                        HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to captain be changed from 24 Jan 07 to 2 Sep 06.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was eligible for promotion on 2 Sep 06.  He would like  his  DOR  changed
so that future promotions will not be delayed.

In support of his request, the  applicant  provides  an  endorsement  letter
from his commander and a copy of  his  promotion  orders.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates  the
applicant’s Total Federal Commissioned Service Date as  2  Sep  04.   He  is
currently serving in the TN ANG in the grade of captain, with a DOR  and  an
effective date of 24 Jan 07.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1POP recommends denial.  A1POP states that the captain  promotion  list
was approved by the Secretary of Defense and Public Release was  on  24  Jan
07.  The  DOR  and  promotion  effective  date  for  officers  selected  for
promotion on the captain's list will be the date the officers  complete  two
(2) years time in grade or upon  Secretary  of  Defense  approval,  or  upon
public release date, whichever is later.  The complete NGB/A1POP  evaluation
is at Exhibit B.

_________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on  12  Sep  08
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 and  do  not  find  it
supports a determination that the applicant's DOR  should  be  changed.   In
this respect, it appears the applicant’s DOR was  appropriately  established
in compliance with governing directives.  Accordingly,  in  the  absence  of
evidence  showing  the  applicant  was  treated  differently   from   others
similarly situated,  or  that  his  DOR  was  established  contrary  to  the
provisions  of  the  governing  policy,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

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  2008-00660  in
Executive Session on 5 Nov 08, under the provisions of AFI 36-2603:

           Ms. Charlene M. Bradley, Panel Chair
           Mr. Garry G. Sauner, Member
           Mrs. Lea Gallogly, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
00660 was considered:

     Exhibit A.  DD Form 149, dated 9 Feb 08, w/atchs.
     Exhibit B.  Letter, NGB/A1POP, dated 7 Aug 08.
     Exhibit C.  Letter, SAF/MRBR, dated 12 Sep 08.





                             CHARLENE M. BRADLEY
                                             Panel Chair

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