RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02191 INDEX CODE:	129.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:

Her	date	of	rank	(DOR)	to	captain	(0-3)	be	changed	from	
24 January 2007 to 22 November	2006.					

APPLICANT CONTENDS THAT:
Her class was commissioned on 22 Nov 02 and she was promoted to first lieutenant (0-2) on 22 Nov 04. She believes she should have been promoted to captain on 22 Nov 06 because the Secretary of Defense (SECDEF) signed the promotion order for captain on
23 Jan 07 a two month delay. She provides a comparison of active duty captains promoted in FY07, other AFRC classes commissioned in FY07, and AFRC captain promotions in FY04/06/08 that were promoted on time and/or backdated to the correct date.

In support of her request, applicant provides a personal statement, a copy of a printout from the Air Force Reserve website, and a copy of the FY07 Reserve of the Air Force Line and Non-Line Captain Promotion Selection Board Select List.

Her complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently serving in the Air National Guard (ANG) in the grade of captain (0-3E), having assumed that grade effective and with a date of rank of 24 January 2007.

AIR FORCE EVALUATION:
NGB/A1POP	recommends	denial.	A1POP	states	the	applicant	was selected for promotion on the FY07 captain promotion list.	The promotion list was approved by the SECDEF on 24 January 2007. The	date	of	rank	and	promotion	effective	date		for	officers selected for promotion on the captain’s list will be the date the officers complete two (2) years time in grade or upon Secretary

of Defense approval, or upon public release date, whichever is later.

The A1POP complete evaluation is at Exhibit B.
NGB/A1PS	concurs	with	the	subject	matter	expert	(SME)	and recommends denial.	The A1PS complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Sep 09 for review and comment within 30 days. As of this date, this office has received no response.

Copies of the legal advisories were forwarded to the applicant on
10 Nov 09 for review and comment within 14 days. As of this date, this office has received no response.

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 and do not find it supports a determination that the applicant’s DOR should be changed. In this respect, it appears the applicant’s DOR was appropriately established in compliance with Air Force instructions and Title 10 U.S.C. While the statute does allow adjustment of the DOR of an officer if, due to unusual circumstances, the appointment is delayed from the date on which it would otherwise have been made, we are not persuaded by the evidence provided the delay was due to unusual circumstances. Rather, it appears to be a result of the normal administrative actions required before the list could be finally approved by the Secretary of Defense. Accordingly, in the absence of evidence showing the applicant was treated differently from others similarly situated, or that her DOR was established contrary to the provisions of the governing policy based on the controlling statue, we find no basis to recommend granting the relief sought.

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 AFBCMR Docket Number BC-2008-02191 in Executive Session on 22 Oct 09, under the provisions of AFI 36-2603:

Vice Chair 
Member 
Member

The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 10 Mar 03, w/atchs. Exhibit B.	Letter, NGB/A1PO, dated 2 Feb 09.
Exhibit C.	Letter, NGB/A1PS, dated 1 Feb 09. Exhibit D.	Letter, SAF/MRBR, dated 4 Sep 09.
Exhibit E.	Letter, AFBCMR, dated 10 Nov 09, w/atchs.