RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01330
		INDEX CODE:  131.05
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His Date of Rank (DOR) to the grade of master sergeant (E-7) be changed from 1 Apr 07 to 1 Jan 07.

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APPLICANT CONTENDS THAT:

His unit failed to properly process a change of assignment moving him to an E-7 billet.  The request was started by his unit on   20 Dec 06, and the process was not completed by the Assignments section at ARPC until 28 Mar 07.  The lapse in processing the assignment change caused him to miss up to three promotion opportunities.

His unit had intended to promote him on 1 Jan 07 as a result of his selection as IMA NCO of the Year for Air Force Reserve Intelligence.

In support of his request, applicant provided his personal statement, an internal move assignment sheet, SURF, and a printout from RMVS.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is currently serving in the Air Force Reserve.  He was promoted to the grade of E-7, with an effective date and date of rank (DOR) of 1 Apr 07.

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AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the application be denied and states 1 Apr 07 is the earliest DOR for which the applicant qualifies.  His name was added to the Mar 07 eligibility roster after the suspense date (he actually met the eligibility requirements for a 1 May 07 DOR because the nomination was received after the suspense date).  He did not meet all the eligibility requirements (fill a higher graded position and be nominated by his supervisor) until the cutoff date (20 Mar 07) for a 1 Apr 07 DOR.  Backdating the assignment action does not make the applicant eligible for promotion any earlier than he was promoted.  He was not placed in the position or nominated for promotion until the final actions of 27 Mar 07.

HQ ARPC/DPB sent the Jan 07 promotion eligibility roster to the Program Managers (PM) during the first week of Nov 06 with a suspense date of 20 Dec 06 for promotions effective 1 Jan 07.  The applicant states his unit of assignment started paperwork to reassign him to a higher graded position on 20 Dec 06; however, the reassignment request had to be forwarded to the MAJCOM PM (Detachment 6 [Det6]) for coordination/approval.  He was not nominated for the promotion on the Jan 07 roster.

On 23 Mar 07, Det 6 PM requested HQ ARPC/DPAAB reassign the applicant from his current position to a higher graded position.  The PM also requested a backdated Effective Date of Change of Strength Accountability (EDCSA) to 1 Jan 07 because the member was “pending promotion.”  On 27 Mar 07, ARPC/DPAAB updated MilPDS to reflect the new position number, with an EDCSA of 1 Jan 07.  Although past the normal suspense date, his name was placed on the Mar 07 promotion eligibility roster, to get the required recommendation for promotion by his supervisor.  His supervisor’s recommendation was received at ARPC on 27 Mar.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Jun 07 for review and comment within 30 days.  To date, a response has not been received.

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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.  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 the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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.

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The following members of the Board considered Docket Number    BC-2007-01330 in Executive Session on 21 August 2007, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to Docket Number BC-2007-01330 was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 07, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 4 Jun 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 8 Jun 07.

								
								Panel Chair