RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02176
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

Her record be changed to show she met the calendar year 2006 (CY2006) Lieutenant Colonel (Lt Col) Medical Corps Promotion Board and was selected for promotion to Lt Col with a pin on date of 1 July 2007.

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APPLICANT CONTENDS THAT:

Had she met the November 2006 Lt Col board as she was supposed to she would have a date of rank (DOR) of 1 July 2007.  As a physician, promotion to Lt Col is automatic; she needed no recommendation and she has enough credits/years to be promoted to Lt Col.

In support of her appeal, the applicant has provided copies of emails and pertinent parts of her personnel record.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 5 July 2006 as a major with a DOR of 1 July 2001.  She will meet the CY07A Lt Col Medical Corps board on 5 November 2007; the first board she is eligible to meet after her entry on active duty.  The CY06A Lt Col Medical Corps board was convened on 13 November 2006.  The eligibility requirements established by the Secretary of the Air Force were that the officer must be on active duty for six months as of the board convening date.  Applicant was only on duty for approximately 120 days prior to the convening of the CY06A board.

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AIR FORCE EVALUATION:

AFPC/DPPPO reviewed this application and recommended denial.  DPPPO states that while the applicant appears to believe her promotion to Lt Col is automatic, by law she must meet a selection board convened under Title 10, United States Code (U.S.C.), Section 611.  The six-month Extended Active Duty (EAD) requirement provides commanders sufficient time to make a determination on whether an officer should be promoted to the next higher grade.  It is not uncommon for officers in nonline competitive categories to enter active duty with a large amount of constructive service credit making them seem immediately overdue for promotion upon entering active duty.  However, they do not have enough time to enter active duty at the next higher grade and must meet the first board scheduled for their competitive category to be promoted.  DPPPO states there is no legal “right” or entitlement to promotion, nor is there a legal right or entitlement to an approved promotion occurring on a specified date.  In accordance with DoD Directive 1320.7, medical officers are promoted on their six-year anniversary of their current grade DOR or date of Senate confirmation, whichever is later.

DPPPO’s complete evaluation 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 10 August 2007 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 applicant's submission, we are not persuaded that her uncorroborated assertion of being eligible for automatic promotion to Lt Col, in and of itself, is sufficient to override the rationale provided by the Air Force.  Consequently, 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 decision that the applicant has failed to sustain her burden of proof of having suffered either an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2007-02176 in Executive Session on 20 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 June 2007, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPO, dated 25 July 2007.
    Exhibit C.  Letter, SAF/MRBR, dated 10 August 2007.