RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00007
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His date of rank to the Reserve grade of major be changed to 15 March 2002 rather than 1 October 2002.

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APPLICANT CONTENDS THAT:

		a. His commander intended to promote him via a Unit Vacancy (UV) promotion during the March 2002 Quarterly Officer Promotion Board.

		b. Had he met the UV Board he would have been promoted to major effective and with a date of rank (DOR) of 15 March 2002.

		c. His date of rank to captain was 21 September 1988 and not 24 June 1995 as noted in his military record.

		d. On 1 March 2002, his Time In Grade (TIG) as a captain was less than five years.

		e. His promotion package to major should not have been prepared and forwarded to a ROPMA Board.  As mentioned above, his military personnel flight (MPF) personnel thought his DOR was 24 June 1995, almost seven years.

In support of his appeal, the applicant has provided a personal statement and copies of an undated recommendation of applicant’s commander requesting he be promoted UV, and several other attachments including copies of Officer Evaluation Reports (OER’s), his DD Form 214, Certificate of Release or Discharge from Active Duty, and his promotion order to major.

Applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant was commissioned a second lieutenant in the Regular Air Force on 24 September 1984. He was progressively promoted to the grade of captain with an effective and date of rank (DOR) of 21 September 1988.  He served seven years, five months and three days and was honorably discharged on 23 February 1992.  On 4 March 1992, he resigned a Regular commission and was appointed as a Reserve of the Air Force in the grade of captain effective 24 February 1992 and assigned to the NNRPS.  He joined the Maryland Air National Guard (MDANG) on 28 November 2000 and was promoted to the Reserve grade of major effective and with a date of rank of 1 October 2002.  

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AIR FORCE EVALUATION:

HQ ANG/DPFOC recommends denial.  DPFOC states it cannot be determined from the MDANG when his unit started the PV promotion process, as the letter stating such is undated.  Further, the MDANG provides no additional documentation stating they wanted to submit the officer for PV promotion but were unable to meet the suspense date.  DPFOC state’s as they are unable to confirm that his promotion date should be changed from 1 October 2002 to 15 March 2002, they conclude the proper procedures were followed in his submission for mandatory (ROPMA) promotion.

DPFOC’s complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the ANG/DPFOO assessment that there is no way to verify his date of rank (DOR) when he came back onto active duty.  DPFOO states his new DOR, computed after subtracting his time in the ISLRS, was 25 June 1995.  He believes the military should be able to verify in 2006 if his new DOR, when he returned to duty in November 2000, should have been 25 June 1995 or it should have been June 1997, as he contends.  He does not understand how his new DOR could be recomputed to show 25 June 1995.  His calculations, based on his original DOR to captain as 21 September 1988, resigning his commission approximately three years and five months later in February 1992 and returning to duty in November 2000 yields a recomputed DOR of approximately June 1997 (November 2000 minus three years and five months of absence) and not June 1995.  Regarding the DPFOO statement they could not find additional documentation from the Maryland ANG (MDANG) that they intended to promote him to major via UV but missed the suspense date, he points to an attached memorandum he included from his commander dated 7 December 2004, wherein his commander states the applicant would have been promoted to captain during the March 2002 Wing Quarterly Officer Promotion Board via unit vacancy promotion.  His DOR to major would then have been 15 March 2002 and not 1 October 2002 as was conferred by the ROPMA Mandatory Selection board.  Thus, had his DOR been recomputed correctly as June 1997, he would not have been eligible for ROPMA consideration until approximately March 2004 rather than February 2002 and he would have been selected for promotion to the Reserve grade of major in March 2002 making his DOR to major 15 March 2002, rather than 1 October 2002.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a change in the applicant’s date of rank to the Reserve grade of major.  After reviewing the complete case file, in particular the letter of recommendation from his commander sent to the position vacancy promotion board and his letter of support addressed to AFBCMR Board, we believe that the intent of the applicant's immediate chain of command was to have the applicant promoted under the position vacancy promotion program. The Board also noted that the Maryland ANG was unable to determine when they started the position vacancy promotion process and ANG/DPFOO was subsequently unable to confirm whether or not his promotion date should be changed from October 2002 to March 2002.  Therefore, in order to resolve any potential promotion injustice to the applicant, the Board believes that any doubt in this matter should be resolved in favor of the applicant and that his records should be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the Reserve grade of major effective and with a date of rank of 15 March 2002, rather than 1 October 2002.

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The following members of the Board considered this application in Executive Session on 26 April 2006, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Dec 04, w/atchs. 
    Exhibit B.  Letter, ANG/DPFOC, dated 9 Feb 06, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Mar 06.
    Exhibit D.  Letter, APPLICANT, dated 27 Mar 06, w/atchs.

                                   
                                   Panel Chair

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary