RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03925 INDEX CODE: 102.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to captain be corrected to reflect his time-in-grade (TIG) as a first lieutenant. _________________________________________________________________ APPLICANT CONTENDS THAT: His current DOR to captain does not accurately reflect his time in grade as a first lieutenant. He initially went to officer school in 2001 and was commissioned a second lieutenant in April 2001. After a medical condition left him unable to complete Undergraduate Pilot Training (UPT), he was required to resign his commission in 2004 due to a lack of non-flying officer positions at his home unit. He then reverted back to E-5 until he successfully earned a maintenance officer position in 2006. On 3 May 2006, he was again selected for a commission as a first lieutenant, but was unable to pin on until 9 November 2006. To be eligible for the Fiscal Year 2008 (FY08) captain list he must have a DOR of 30 September 2006 or earlier and have been on the Reserve Active Status List (RASL) continuously since 1 May 2006. He met the DOR of 30 September 2006 but since he was reappointed in November 2006 due to a clerical error, he did not meet the continuous service requirement. This has resulted in him serving as a first lieutenant for a period of three and one-half years. In support of his request, the applicant provides an Air National Guard Officer Data Verification Brief (DVB) and documents extracted from his military personnel records. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserves in the grade of captain having assumed that grade effective and with a date of rank of 1 October 2008. The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C). _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1POP recommends denial. A1POP states the applicant would have needed to be on the RASL since 1 May 2006 to be eligible for the 2008 captain's board. It appears the applicant's appointment in the ANG was processed in the normal manner and his appointment was not held up for additional paperwork. The applicant was placed on the first promotion list for which he was eligible, and his promotion to the grade of captain was processed correctly, based on the legal requirement to serve one year in an active status prior to placement on a promotion list. The A1POP complete evaluation is at Exhibit C. NGB/A1PS concurs with the recommendation of A1POP. A1PS states that it appears the applicant's appointment in the ANG was processed in a timely manner and no error or injustice was found to be substantiated. The A1PS complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 August 2009, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit D). 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 injustice. After a thorough review of the evidence of record and the applicant’s submission, it is our opinion that relief is not warranted in this case. The applicant's contentions are duly noted; however, other than his own assertions he has provided no evidence which sustains his burden of proof of either an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2008-03925 in Executive Session on 29 September 2009, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-03925 was considered: Exhibit A. DD Form 149, dated 1 October 2008, w/atchs. Exhibit B. Letter, NGB/A1POP, dated 18 March 2009. Exhibit C. Letter, NGB/A1PS, dated 10 August 2009. Exhibit D. Letter, SAF/MRBR, dated 21 August 2009.