RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03274
		INDEX CODE:  102.07
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His current date of rank of 24 Jan 07 be adjusted to 22 Nov 06, the date he was first eligible for promotion to captain.

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APPLICANT CONTENDS THAT:

It was the intention of the wing executive officer, his immediate supervisor, and the wing commander to promote him on 22 Nov 06.  Their endorsement of the timeliness of this promotion is evident by their support letters.  

Through no fault of his own and contrary to the recommendations of leadership at his unit, he was penalized due to a “systematical” error.

The 24 Jan 07 date was established by signatures of the FY07 Captains Promotion Board. All other persons eligible for promotion from that board were promoted at their first eligible dates, determined by two years time in grade (TIG).  

Since his supervisor and commander supported his two-year TIG promotion, he feels it was unjust that his promotion was delayed, which increased his TIG as a first lieutenant to months behind his peers. 

In support of his request, the applicant provided support letters from his wing executive support officer and wing commander.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard in the grade of captain with a date of rank of 24 Jan 07.

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AIR FORCE EVALUATION:

NGB/A1PS recommends denial of the request.  The date of rank for promotion on the captain’s list will be the date the officers complete two years time in grade or upon the Secretary of Defense’s approval, or upon the public release date, whichever is later.  Regardless of the fact that the applicant completed two years TIG for promotion on 22 Nov 06, he could not be promoted until 24 Jan 07, the date of public release. 

The NGB/A1PS 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 9 Nov 07 for review and comment within 30 days.  As of this date, this office has not received a 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.  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 its 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-2007-03274 in Executive Session on 16 January 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 2 Oct 07.
    Exhibit B.  NGB/A1PS, w/atch, dated 1 Nov 07.
    Exhibit C.  SAF/MRBR Letter, dated 9 Nov 07.