RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02180
		INDEX CODE:  131.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major by Special Selection Board (SSB) for the Fiscal Year 2002 (FY02) Reserve Major Selection Board.

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APPLICANT CONTENDS THAT:

He was not informed and was not aware that he was being considered for promotion until he was notified of his nonselection.  If he had been properly notified he would have had the opportunity to review his Officer Preselection Brief (OPB) and correct errors in his selection folder.  The number of his flying hours was incorrect and his most recent Air Force Commendation Medal (AFCM) was missing.  In addition, he would have had the opportunity to write a letter to the Board President concerning his current status.

In support of his request applicant provided his DD Form 214, Certificate of Release or Discharge from Active Duty; AF Form 133, Oath of Office; a personal statement, copies of his Reserve orders, a personnel brief, an email communication, documents associated with his waiver processing, and his AFCM citation.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force, and voluntarily ordered to Extended Active Duty (EAD) on 15 Jun 90.  He was integrated into the Regular Air Force on 1 Sep 97.  Applicant tendered his resignation and was discharged from the Regular Air Force on 25 Jul 99.  He was tendered an indefinite term appointment, Reserve of the Air Force on 26 Jul 99 and executed an AF Form 133, Oath of Office, on 9 Aug 99.  He is currently assigned to the Ready Reserve, serving in the grade of captain, having assumed that grade effective and with a promotion service date of 15 Jun 94.

Applicant was considered and not selected for promotion to the grade of major by the FY02 Air Force Reserve Line and Nonline Major Selection Board, which convened on 19 Feb 01.

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AIR FORCE EVALUATION:

ARPC/DPB recommends the application be denied.  DPB states that although he executed an oath of office on 9 Aug 99, his appointment into the USAFR was backdated to 26 Jul 99 in order to preclude a break-in-service.  A copy of his OPB was mailed to his home of record (HOR) on 26 Sep 00.  Upon review of his Officer Selection Brief (OSB) and his Officer Selection Record (OSR) as it met the board, there were no errors shown.  The AFCM, dated July 1999, was available in the OSR and OSB.  The OSB showed that he was a rated officer (Senior Pilot) with 1426 hours in a T-37 and 1426 hours in a C-141 aircraft.  However, his flying status was shown as inactive due to termination of his assignment.  When a rated officer is released, separated or placed in a non-participating status; flying status is immediately terminated and must be reinstated when he is again placed in a rated position.

DPB suggested that the following solution be made available to the applicant.  Correct his record to show that he was actually appointed on the date he executed the Oath of Office, which will cause a 14-day break-in-service.  The break-in-service will also require adjustment of the appropriate service dates which will in-turn render him ineligible for the FY02 board, delete the nonselection from his records, and make him eligible for in-the-promotion zone (IPZ) consideration for the FY03 major selection board scheduled to convene in February 2002 (see Exhibit C).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded that his HOR was never Breckenridge, CO, where his OPB was mailed.  He only lived there from Jun through Sep 99.  He reiterated his previous contentions and adds that prior to moving to Columbus, MS he was attempting to secure a position with the Iowa Air National Guard.  He states that if the Board does not agree that SSB consideration is warranted, then he requests that his records be corrected to indicate he had a break-in-service as recommended by ARPC/DPB (see Exhibit E).

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice warranting partial relief in this case.

    a.  After reviewing the evidence provided, we are not persuaded that supplemental consideration for promotion by Special Selection Board (SSB) is warranted.  The applicant’s complaint that his OPB was forwarded to an incorrect address is noted.  Yet, it was incumbent upon the applicant to notify ARPC of his changes of address.  No evidence has been provided showing he did so.  More importantly, it appears that the applicant’s record was substantially accurate when the selection board in question considered him for promotion.   Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error with respect to his consideration by the FY02 selection board.

    b.  Notwithstanding the above, we note the ARPC suggestion that, as an alternative solution to the applicant’s situation and to give him the opportunity to acquire some record of Reserve participation prior to his first consideration by Reserve component promotion board, his records be corrected to reflect he incurred a break-in-service.  By such action, he would be ineligible for consideration by the FY02 Reserve Major Selection Board and would become a first-time eligible for the FY03 board.  The applicant has indicated his willingness to accept their recommendation as a viable solution.  We believe that correcting his records in such a manner would be in the best interests of the applicant and the Air Force and, accordingly, we recommend that his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.  He was not considered for promotion to the grade of major by the Fiscal Year 2002 Air Force Reserve Line and Nonline Major Selection Board, which convened on 19 February 2001; and, that all references to his nonselection be declared void and removed from his records.

	b.  He tendered and accepted an appointment as Captain, Reserve of the Air Force, on 9 August 1999, vice 26 July 1999.

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The following members of the Board considered this application in Executive Session on 24 Oct 01 and 10 Nov 01, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Jul 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPB, dated 31 Aug 01.
     Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
     Exhibit E.  Letter, Applicant, dated 9 Nov 01.

								

AFBCMR 01-02180

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	    a.  He was not considered for promotion to the grade of major by the Fiscal Year 2002 Air Force Reserve Line and Nonline Major Selection Board, which convened on 19 February 2001; and, that all references to his nonselection be, and hereby are, declared void and removed from his records.

	    b.  He was tendered and accepted an appointment as Captain, Reserve of the Air Force, on 9 August 1999, vice 26 July 1999.