RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02172 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His date of rank (DOR) to the grade of captain be corrected from 1 Oct 07 to 1 Apr 06 (cancelled). 2. By amendment, the applicant requests his DOR to the grade of captain be changed from 1 Oct 07 to 1 Oct 06; or in the alternative, to 1 Jan 07. ________________________________________________________________ APPLICANT CONTENDS THAT: In accordance with (IAW) AFI 36-2501, Officer Promotions and Selective Continuation, he should have been considered for promotion to the grade of captain during the B-cycle, with promotion, effective 1 Apr 06 (amended to 1 Oct 06). Due to reduction in Force for communications officers, he was recruited as a combat rescue officer and selected by the reserves at the 306 RQS in April 2006. Unlike his previous commander his new commander supported his Palace Front application to be a Combat Rescue Officer; however, he remained on active duty until 30 Jun 2006, unaware this would preclude him from the active duty Captain’s board as well as the 2006 Reserve Board. This appears to have unjustly precluded him from meeting the promotion board. In support of his appeal, the applicant provides a personal statement; copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 30 Jun 06 discharge; his Air Force Reserve assignment order, RO A-110, dated 6 Jun 06, and an email from the Air Reserve Personnel Center Contact Center. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 Jun 06, the applicant was discharged in the grade of lieutenant by reason of reduction in force, with service characterized as honorable. He was credited with 4 years and 11 days of active duty service. On 1 Jul 06, the applicant was transferred to the Air Force Reserve. The applicant was promoted as a Reserve of the Air Force officer to the grade of captain with an effective date and Date of Rank (DOR) of 1 Oct 07. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOO recommends denial, stating, in part, that the applicant was not eligible to meet another captain process prior to his separation. The applicant was a first lieutenant with a date of rank (DOR) of 29 May 04. He was eligible for and met the Calendar Year 2005B (CY05B) Captain Selection Process which closed out 30 Jun 05. The applicant received a Do Not Promote (DNP) recommendation and was nonselected for promotion. Had the applicant been selected for promotion, he would have had a DOR to captain of 24 May 06. The applicant was eligible for the CY06B Captain Selection Process which closed out 30 Jun 06. On 27 May 06, the applicant became ineligible to meet the CY06B Captain process. The reason for his ineligibility was his nonselection for retention and mandatory Date of Separation (DOS) of 30 Jun 06. Had the applicant met the process and been selected above-the-promotion- zone (APZ), the earliest DOR to captain that he could have was 1 Jan 07. The complete AFPC/DPSOO evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Through counsel, the applicant notes that he voluntarily separated under the provisions of the force shaping program. IAW the applicable policies he could have separated as early as Apr 06 or Sept 06; however, when selecting his transition date, he attempted to balance his obligations to his active duty unit with his desire to be a combat rescue officer in the Air Force Reserve. He made the difficult choice to remain with his active duty unit because he was an absolutely crucial component to them being prepared for the Unit Compliance Inspection (UCI); so he chose to remain until 30 Jun 06, which supported his active duty unit and also allowed sufficient time for him to prepare for the Combat Rescue Officer selection course in Oct 06. The Military Personnel Flight Memorandum (MPFM) regarding the Force Shaping process did not contain guidance or information on how the force shaping boards would impact promotion eligibility. Neither he nor his supervisor was familiar with the Air Force Reserve promotion process nor did they realize the 30 Jun 06 transfer date would make him ineligible for the active duty promotion process. He was never briefed on Air Force Reserve promotion policy and as a result of his transfer date to the Air Force Reserve, he was not promoted at the earliest possible date. His choice benefited the active duty and Air Force Reserve; however, his actions, his loyalty and selflessness were to his own detriment. He believes this is a clear injustice that should be corrected. The counsel’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an 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 from 1 Oct 07 to 1 Oct 06 or in the alternative, 1 Jan 07. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of having suffered either an error or injustice. While the applicant’s promotion eligibility was impacted by the date he chose to transfer to the Air Force Reserve, the applicant contends he is the victim of injustice due to 1) the failure of the Air Force to provide guidance on how his transfer would affect his promotion eligibility and 2) he delayed his transfer in order to help his losing unit prepare for an UCI. The applicant has not provided evidence that shows effort on his part to determine the impact of his transfer to the Air Force Reserve. It would appear reasonable to this board that the applicant would have exercised due diligence to determine what impact his decision would have. While the applicant’s decision to assist his unit in preparation for an upcoming UCI is admirable, the applicant clearly indicates that it was his personal decision to do so. As such, we are not persuaded the applicant was treated differently from others similarly situated. While the date of the applicant’s transfer may have been adverse to the applicant, we find insufficient evidence to conclude that he has been the victim of error or injustice. Therefore, in the absence of evidence showing that his DOR was established contrary to the provisions of the governing policy, we find no basis to recommend granting the relief sought. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2010-02172 in Executive Session on 28 February 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOO, dated 19 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10. Exhibit E. Letter, Counsel, dated 24 May 11, w/atchs.