RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-01912
		INDEX CODE 102.02  102.05
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her selection for captain (colonel equivalent) by the Fiscal Year 2004 (FY04) Naval Reserve Captain Staff Selection Board be transferred to the Air Force.

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APPLICANT CONTENDS THAT:

She did not know of the promotion when she accepted her Air Force position.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 2 Jan 03 as a lieutenant colonel with a date of rank (DOR) of 1 Mar 98.

She was selected for promotion to 0-6 by the FY04 Naval Reserve Captain Staff Selection Board, which convened on 10 Feb 03.  

DOD Directive 1300.4, Inter-Service Transfer of Commissioned Officers, 15 Nov 96, allows for the transfer of a promotion of a commissioned officer between two military services if the officer is on a promotion list to the next higher grader under Section 624 of Title 10, USC.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO advises that although the applicant was selected for promotion, she was on the Air Force Active Duty List (ADL) and should not have been considered for promotion by the Navy. The applicant has no entitlement to this promotion as she was on active duty with the Air Force at the time the Naval Reserve board convened and should not have been considered. Once on the ADL, an officer is only entitled to active duty promotions. Disapproval is recommended.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 8 Aug 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that her selection for captain by the Navy should be transferred to the Air Force. Since the applicant was on active duty with the Air Force at the time of the Naval Reserve board convened, she should not have been considered for promotion by that board.  Once on the ADL, an officer is only entitled to active duty promotions. The Board regrets the applicant’s disappointment, but her promotion by the Navy Reserve promotion board cannot be transferred to the Air Force. Therefore, we agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.
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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 this application in Executive Session on 23 September 2003 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2003-01912 was considered:

   Exhibit A.  DD Form 149, dated 2 Jun 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 30 Jul 03.
   Exhibit C.  Letter, SAF/MRBR, dated 8 Aug 03.