RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00835 INDEX CODE:	108.00
XXXXXXXXXXXXXXXXX	COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her	Date	of	Separation	(DOS)	from	active	duty	be	changed	to
1 October	2007	in	order	to	allow	her	supplemental	promotion consideration to the grade of captain (O-3).

APPLICANT CONTENDS THAT:
She voluntarily separated from active duty and transferred to the United States Air Force Reserve (USAFR) on 2 August 2007. Because her DOS was prior to 31 September 2007, she was not considered for promotion to captain by the active duty promotion board. Additionally, because she was still on active duty in May 2007, she was not considered for promotion to captain by the Reserve promotion board.  She feels she is unjustly being denied a timely promotion to Capt

In support of her appeal, the applicant provides a copy of Proof of Military Service Letter in Lieu of DD Form 214.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:
According to the military personnel data system, the applicant is currently serving in the USAFR in the grade of first lieutenant with a date of rank of 14 June 2006. On 1 August 2007, the applicant honorably separated from active duty under the PALACE FRONT program and transferred to the USAFR effective 2 August 2007. She served 3 years and 19 days on active duty.

AIR FORCE EVALUATION:
AFPC/DPSOS recommends denying the applicant’s request. DPSOS states the applicant applied and was approved for a voluntary miscellaneous separation under the provisions of Air Force Instruction 36-3207, Separating Commissioned Officers (Miscellaneous/General Reasons), to be effective 1 August 2007. She was not wrongfully denied promotion while on active duty,

rather, she chose to separate voluntarily prior to her eligibility for promotion to captain while on active duty. DPSOS does not concur with changing the applicant’s DOS to credit her with active duty time she did not serve. They defer to ARPC/DPB to comment on her eligibility for promotion through the Reserve.

The DPSOS evaluation is at Exhibit C.
ARPC/DPB recommends denying the applicant’s request. DPB states the applicant separated from active duty on 1 August 2007 and joined the USAFR on 2 August 2007. The USAFR captain list closed
1 May 2007 and the results were publicly released 13 September 2007. The applicant was not a USAFR asset when the captain promotion board “adjourned.” Being an active duty asset, the USAFR had no legal  authority to consider the officer for promotion per Title 10 United States Code Section 14004.

The DPB evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant indicates she applied for separation from active duty in October 2006 due to both close and extended family hardships. She originally chose her DOS based on what seemed best for the needs of the Air Force. At no time during her separation process was she provided with literature or information addressing how her DOS could affect her promotion eligibility. If she had been made aware of the ARPC and AFPC cut-off date requirements, she would have opted for a different DOS. As it stands, her DOS put her in a five-month window of promotion non-consideration by both AFPC and ARPC. Therefore, her promotion to captain will be one year behind her peers, and leaves many unanswered questions in her package that will meet future promotion boards.

She is requesting her DOS be changed from 1 August 2007 to
1 October 2007. She is not requesting back pay or any other type of compensation for that period of time and is willing to sign a certified statement to that effect. If her request is approved, she will be competitive for the AFPC supplemental promotion board and could be selected for promotion with her peers in 2008.

The applicant’s rebuttal is at Exhibit F.

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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case including her statement she was not advised of the consequences the selection of her DOS would have on her promotion opportunity; 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.

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.

The following members of the Board considered this application in Executive Session on 19 June 2008, under the provisions of AFI 36-2603:

, Chair, 
Member
, Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-00835:

Exhibit A.	DD Form 149, dated 25 Feb 08, w/atch. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSOS, dated 16 Apr 08. Exhibit D.	Letter, ARPC/DPB, dated 30 Apr 08.
Exhibit E.	Letter, SAF/MRBR, dated 9 May 08. Exhibit F.	Applicant’s Rebuttal, dated 15 May 08.