RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03904
								INDEX CODE:  131.03, 131.05,
                                               135.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect there was no break in service when he transferred from the Regular Air Force (RegAF) to the Air Force Reserve (AFR).

His date of rank (DOR) be adjusted to 1 October 2000 to reflect a board that convened one-year earlier.

He be granted a Special Selection Board (SSB) for consideration for promotion to the grade of lieutenant colonel due to the fact the June 2007 promotion board did not consider him.

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APPLICANT CONTENDS THAT:

He did not have a break in service when he transferred from the RegAF to the AFR.

He should have been considered for In-the-Primary-Zone (IPZ) promotion to the grade of major in June 2000, but was not considered until June 2001.  This, in-turn, caused him to miss IPZ consideration for promotion to the grade of lieutenant colonel in June 2007.

Time is of the essence as he is currently a Category B Individual Mobilization Augmentee (IMA) and would like to become a Traditional Reservist in a lieutenant colonel billet in a C-130 unit.

In support of his appeal, he has provided copies of his DD Form 214, a personal statement, his Reserve Commissioning Order, a Virtual Military Personnel Flight (vMPF) record showing his Date of Initial Entry into the Reserve Forces (DIEFR) as 2 May 1999, and a vMPF record showing his DOR as a captain of 31 May 1993, and his DOR as a major of 1 October 2001.

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

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STATEMENT OF FACTS:

The applicant resigned his commission and was discharged from the RegAF in the grade of captain on 1 May 1999.  He was subsequently appointed in the AFR in the grade of captain on 2 May 1999, and is currently serving in the Ready Reserve as an IMA.  He was promoted to the grade of captain with a DOR of 31 May 1993, and promoted to the grade of major with a DOR of 1 October 2001.

In order to allow for implementation of all the provisions of the Reserve Officer Personnel Management Act (ROPMA) with as little negative impact as possible, a 5-year transition period (1 October 1996 – 30 September 2001) was provided to phase-in the promotion criteria outlined in the new law.  During the transition period, the AFR phased-out the previous time-in-service (TIS) requirements for mandatory (IPZ) promotion consideration.  Upon expiration of the ROPMA 5-year transition period on 1 October 2001, the previous TIS criteria for IPZ promotion consideration was no longer applicable. 

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial of all relief requested.  The applicant did not incur a break in service, was promoted on-time, and was not treated unfairly or any differently than his peers when he was considered for IPZ promotion to major.  

The applicant separated from the RegAF on 1 May 1999, and was appointed in the AFR on 2 May 1999; therefore, he did not incur a break in service as he contends.

The applicant’s DOR as a captain was 31 May 1993.  He was therefore not DOR eligible for IPZ promotion consideration to the grade of major until the FY01 USAFR Major Promotion Board which convened on 3 March 2000.  However, the AFR was in the final year of the ROPMA 5-year Transition Period, and to be considered by that Board, officers were also required to have a Total Years Service Date (TYSD) of 31 March 1989, or earlier.  Since his TYSD was 31 May 1989, he was not eligible for IPZ consideration by that Board. 

The applicant was considered and selected for IPZ promotion to the grade of major by the FY02 IPZ Board which was his first promotion eligibility.  His DOR as a major is 1 October 2001, and he will be eligible for IPZ promotion consideration to the grade of lieutenant colonel by the FY09 board, which is tentatively scheduled to convene on 9 June 2008.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 21 December 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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.  He did not incur a break in service as he contends, and evidence has been presented that he was considered for promotion to the grade of major at his first eligibility and was promoted on-time, and that he will not be eligible for promotion consideration to the grade of lieutenant colonel until the FY09 Central Selection Board.  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-2007-03904 in Executive Session on 12 February 2008, under the provisions of AFI 36-2603:

				

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Nov 07, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 18 Dec 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Dec 07.