RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01442
		INDEX CODE:  131.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

	MANDATORY CASE COMPLETION DATE:  8 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

Her promotion to major in the Air Force Reserve be transferred to the Active Duty Air Force with an effective pin-on date of 5 Feb 08.

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APPLICANT CONTENDS THAT:

She returned to active duty status on 1 Mar 07.  Had she been informed of the rules of engagement she would have delayed her return to active duty status from 1 Mar 07 to 23 Mar 07 to allow her promotion to transfer with her.

In support of her request, applicant provided copies of her Extended Active Duty Order, an Officer Surf, and the FY 08 Air Force Reserve Line and Health Professions Major Promotion Selection Board Select List.

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

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Reserve of the Air Force on 20 May 1997.  She voluntarily returned to active duty on 1 Mar 07 for a period of 48 months, in the grade of captain with a date of rank (DOR) of 5 Feb 01.

Prior to applicant’s return to active duty, she met and was selected for promotion to major by the CY08 USAFR Line and Health Professions Selection Board which convened on 12 Feb 06.  Her projected pin on date is 5 Feb 08.  The results were approved by SecDef on 22 Mar 07.

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AIR FORCE EVALUATION:

HQ AFPC/DPAMF2 reviewed this application and recommended denial.  They stated according to AFI 36-2008, Table 1, Grade Which Ordered to Extended Active Duty (EAD), Rule 2, if officer is Nurse Corps EAD, grade will be Reserve grade.  From the same table, Rule 10 refers to EAD as Major, however; “Due Course Officer” is defined as “An officer who was selected for promotion.”  At the time of EAD, results of the FY08 Air Force Reserve Line and Health Professions Major Promotion Selection Board were not released.

The complete evaluation is at Exhibit B.

HQ AFPC/DPPPO recommends denial of the applicant’s request.  Applicant was not on an approved promotion list prior to entering active duty.  There are no provisions in policy or law to allow for transfer of her promotion.  In order for the promotion to be valid and brought over to extended active duty, the applicant would have had to wait to enter active duty until 23 Mar 07, the day after approval of the promotion by SecDef.

DoDD 1310.1, Rank and Seniority of Commissioned Officers, and 10 U.S.C., section 14317, allows for the transfer of a Reserve promotion to the Active Duty List under the following circumstances:  An officer of the Reserve Active Status List (RASL) and on a promotion list as a result of selection for promotion by a mandatory promotion board or a special selection board and who, before being promoted is placed on the Active Duty List of the same Armed Forces and placed in the same competitive category, shall be placed on an appropriate promotion list for officers on the Active Duty List.  Applicant was not on a promotion list before being placed on the Active Duty List.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Jun 07, copies of the Air Force evaluations were forwarded to the applicant 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale 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.

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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 Docket Number    BC-2007-01442 in Executive Session on 21 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01442 was considered:

    Exhibit A.  DD Form 149, dated 4 May 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPAMF2, dated 21 May 07, w/atchs.
    Exhibit C.  Letter, AFPC/DPPPO, dated 12 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.