RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00222 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. An exception to policy be granted so that he may be considered by a retroactive Special Selection Board (SSB) for promotion to the grade of major after receiving his first officer performance report (OPR) following the relief granted in AFBCMR Docket No. BC-2010-00050. 2. The AFBCMR write a letter to the Board president to explain why they are considering his OPRs although written well after the Fiscal Year (FY) board. 3. If he is promoted by SSB, his corrected service dates and Date of Rank (DOR) to the grade of major be adjusted and be reflected in his record. 4. If he is promoted to the grade of major by the SSB, that the original AFBCMR correction, that directs any nonselections for promotion to the Reserve grade of major prior to receiving three OPRs with at least 250 days of supervision, be set aside and applied to his consideration for promotion to the grade of lieutenant colonel. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Since the Board justly expunged his previous promotion boards to the grade of major and based on his service dates, he should be granted an exception to policy that allows him to be considered for promotion to the grade of major through the SSB process. He believes the promotion consideration should be based on his current support to the Global War on Terrorism in the Air Force Reserve and history of honorable service, to include documented valor in combat in Iraq and Bosnia. He served on active duty as a captain from 1 Jun 92 – 14 Dec 98, in the Air Force Reserve until 6 Apr 06, and again until the present without meeting a promotion board. Further, in following the intent of AFI 36-2504, OFFICER PROMOTION, CONTINUATION AND SELECTIVE EARLY REMOVAL IN THE RESERVE OF THE AIR FORCE, it requires him to be “properly considered” by the first eligible promotion board, including any SSBs, if he should have been considered by that board. He believes that this will give him proper consideration, an equitable opportunity to create a promotable record, and career progression. In support of his appeal, the applicant provides a personal statement and a copy of the directive from his previous Board decision, AFBCMR Docket No. BC-2010-00050. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 1 Jun 88. He was progressively promoted to the grade of captain, with an effective date and date of rank of 1 Jun 92. He was discharged from active duty on 13 Dec 98 and credited with 10 years, 6 months and 13 days of active duty service. The applicant was commissioned in the Reserve of the Air Force on 14 Dec 98, when he took the oath of office and assigned to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS). He was considered but not selected for promotion by the Fiscal Year 2001 (FY01) Reserve of the Air Force Major Promotion Board, which convened on 6 Mar 00. After 2 years in NNRPS, the applicant was assigned to the Inactive Status List Reserve Section (ISLRS) on 14 Dec 00. Once assigned to ISLRS he was not eligible for promotion consideration. On 7 Apr 04, the applicant applied for and was assigned to the Air Force Admissions Liaison Officer program. The AF Admissions Liaison Program was responsible for notifying the applicant of his upcoming board. He was considered but not selected for promotion by the FY07 USAFR Other than Selected Reserve (OTSR) Line and Health Professions Major Promotion Selection Board, on 6 Mar 06. The applicant was discharged from all appointments in the USAF, on 1 Nov 06, in accordance with (IAW) Title 10, United States Code (USC), Section 14505. The applicant submitted an appeal to the AFBCMR, dated 5 Dec 09, requesting that: 1. His two nonselections to the grade of major be removed. 2. He be reinstated into the Air Force Reserve. 3. His inactive service from 13 Dec 98 to 7 Apr 04 be removed. On 14 Jun 10, the Board directed the applicant’s record be corrected to reflect that: a. He was not considered for promotion to the Reserve grade of major by the FY01 Major Promotion Selection Board. b. He was not discharged on 1 Nov 06 from all appointments, but on 6 Apr 06, he resigned his commission and was discharged from all appointments. By competent authority, his name be removed from the FY07 Other Than Selected Reserve Line and Health Professions Major Promotion Selection Board Nonselect list. c. He be reinstated in the Air Force Reserve and transferred to the Inactive Status List Reserve Section. Any nonselections for promotion to the Reserve grade of Major prior to receiving three Officer Performance Reports with at least 250 days supervision, in the grade of captain, be set aside. The applicant was reinstated in the Air Force Reserve on 8 Oct 10. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPB recommends denial, stating, in part, a retroactive promotion opportunity allowed to consider performance of a decade later is unfair and inequitable to every other officer, regardless of grade or circumstance. Based on the applicant’s return from civilian status, the first promotion board he will be eligible for consideration is the Calendar Year 2012 (CY12) Air Force Reserve Participating Reserve Major Promotion Board, tentatively scheduled for Feb 12. The applicant’s request for retroactive SSB consideration (FY01) to include current participation is without basis. In Mar 00, the applicant was not in a participating status and did not have a Reserve assignment or a rating chain that could render a performance evaluation. He earned no participation credit for retirement purposes. Ten years later, the applicant has a Reserve assignment, is participating, and will have a performance report completed. Additionally, the world situation is very different today compared with Mar 00. It is likely his current position didn’t exist in Mar 00. It is very obvious that an OPR could not be rendered for a period of zero participation. The complete ARPC/DPB evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant notes that since being back in uniform, he has come to the realization of how his career was negatively impacted by the injustices that the previous BCMR case attempted to make right. However, the advisory opinion’s statement that the SSB “is unfair and inequitable to every other officer” is unfair and inappropriate. Every officer with whom he has discussed his situation, from the rank of captain to major general, feels an SSB is warranted. He does not feel a decision made by an SSB affects others, only those who meet them. If what happened to him happens to another officer with pure intentions, he would certainly hope that they would be granted an SSB with the provisions that he is requesting. The advisory opinion unfortunately misrepresents his request. He is not requesting an SSB for the FY01 promotion board. He leaves all decisions to the wisdom of the AFBCMR with respect to his application. He has no experience with this type of decision; only gathers his own and the feelings of others as to what might be a just conclusion. He believes he should have been considered for promotion by the FY09 Line and Health Professions Major Promotion board, which should have met sometime in Feb 08. He believes the SSB for this board will probably meet sometime around the upcoming CY12 mandatory board that would include the same current OPR. If he is promoted by this SSB, he requests that his DOR be corrected to the date he took the Oath of Office, 8 Oct 10. The applicant’s complete response 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After being granted relief by this Board that has allowed the applicant to resume his career in the Air Force Reserves, the applicant asserts that to remedy the injustice he suffered, as affirmed by previous board action, his records should be further corrected to provide him an opportunity for promotion as an exception to applicable Air Force policy. We disagree and are not persuaded the applicant should be granted the additional relief he seeks. As such, we agree with the recommendation of HQ ARPC/DPB to deny the requested relief and we adopt the rationale expressed as the primary basis for our determination the applicant has not been the victim of error or injustice warranting the additional relief he seeks. In our view, the corrections previously recommended by this board constituted full and fitting relief when the total circumstances of the applicant’s case are considered. As noted by ARPC/DPB, the applicant will have an additional five chances at promotion based on the action of this board. While the applicant asserts he would have taken action to put his career on a different track had he been made aware he was being considered for promotion, there is no way of knowing this for sure. Although the Board elected to resolve any doubts regarding the issues in the applicant’s prior case in his favor, we are not persuaded he had exercised reasonable diligence in determining his status after transfer to the Reserves. Therefore, in view of the above, we find no basis to recommend granting the additional relief sought in this application. 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 the Board's understanding of the issues 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-2011-00222 in Executive Session on 4 October 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPB, dated 16 Feb 11. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 11. Exhibit E. Letter, Applicant, dated 20 Mar 11. Panel Chair