RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2008-03866 INDEX CODE: 100.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to the grade of captain be changed from 1 October 2008 to 15 June 2008. _________________________________________________________________ APPLICANT CONTENDS THAT: He was appointed in the Minnesota Air National Guard (ANG) on 1 July 2007, after the Fiscal Year 2008 (FY08) Captain’s Promotion List was closed out on 1 May 2007. If he had been appointed in the ANG prior to 1 May 2007, he would have been able to be placed on the FY08 Captain’s Promotion List based on his DOR of 15 June 2006. He was not selected for promotion while on active duty since he had a Palace Chase separation pending in the system. The applicant provides no evidence in support of his appeal. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently a member of the ANG serving in the grade of captain with a date of rank of 1 October 2008. The remaining relevant facts are included in the Air Force advisory opinion at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends denial of the applicant’s request for changing his DOR to captain. A1PS concurs with the subject matter expert (NGB/A1POP). A1POP indicates the applicant was appointed in the ANG on 1 July 2007, after the FY08 Captain’s Promotion List was finalized and began processing for approval. Therefore, the first time he was eligible to be placed on the list was the FY09 First-Half Captain’s Promotion List. He was placed on this list and was given a promotion date of 1 October 2008. A1POP indicates that while it was unfortunate the applicant was not able to be processed for promotion by the Air Force prior to him being transferred to the ANG, and that he was not appointed in the ANG in time to be placed on the FY08 Captain’s Promotion List; his promotion was processed correctly by the ANG. The A1PS evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 December 2009, for review and comment within 30 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 an error or an 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 the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 4 February 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered for AFBCMR Docket Number BC-2008-03866: Exhibit A. DD Form 149, dated 18 Oct 08. Exhibit B. Letter, NGB/A1PS, dated 3 Dec 09, w/atch. Exhibit C. Letter, SAF/MRBR, dated 18 Dec 09. Panel Chair