RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02218 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Date of Rank (DOR) to the grade of captain (Capt, O-3), be changed from 1 Oct 2001 to l Oct 1999. 2. His DOR to the grade of major (Maj, O-4), be changed from 1 Oct 2008 to 1 Oct 2006. ________________________________________________________________ APPLICANT CONTENDS THAT: While on Active Duty he was due to be promoted to the grade of Capt on 11 Aug 1999. He declined the promotion because he was transferring to the Active Reserves and accepting the promotion while on Active Duty would have forced him to incur an additional one year Active Duty Service Commitment (ADSC). At the time, the Time in Grade (TIG) requirement for advancement from first lieutenant (1Lt) to Capt in the Reserves was four years. The TIG requirement for Maj was five years. During a review of his records in 2011, he recognized the Reserves changed the TIG requirement from 1Lt to Capt to two years. The change occurred in 201l, which is the same year he was promoted to Capt in the Reserves. He discussed the problem with his chain-of-command, the Base Individual Mobilization Augmentee Administrator, and the Air Reserve Personnel Center; however, no one was able to offer any assistance due to the current TIG requirements for advancement. In support of his request, the applicant provides copies of his virtual Military Personnel Flight (MPF) Self Service Actions (Promotion Information), an extract from AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, Guard/Reserve TIG table and Record of Proceedings (ROP), Docket Number 2003-03703. The 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 Maj. The remaining 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 at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/CV recommends approval of the applicant's request to correct his DOR to Capt, and denial of his request to correct his DOR to Maj. CV states based on his selection by the Calendar Year (CY) 1998 Captain Board, the applicant should be promoted by AFPC to the grade of Capt, with a DOR and effective date of 11 Aug 1999. The applicant states he turned down the promotion to avoid incurring an ADSC. However, his records do not reflect he declined the promotion. The policy requiring active duty members to either decline their promotion or continue to serve after accepting the promotion, was changed effective 13 Feb 1998 and should not have prevented him from being promoted. Based on this change, the member should have been promoted while on active duty, effective, 11 Aug 1999. On 16 Oct 1999, the applicant transferred to Reserve status as a 1Lt with a DOR of 11 Aug 1997. He was considered, and selected by the Fiscal Year (FY) 2002 Captain Promotion Selection Board that convened on 4 Jun 2001, with a DOR of 1 Oct 2001. At that time, the TIG requirement for promotion to Capt was four years. The change to a two year TIG requirement did not take effect until Jan 2002. Based on the 1 Oct 2001 DOR, the applicant was eligible for, and selected by the FY 2009 Participating Line and Health Professions Major Promotion Selection Board, with a DOR of 1 Oct 2008. According to USC 10, Section 14108, an officer on the Reserve Active Status List (RASL) may not be promoted to a higher grade unless the officer is considered, and recommended for, promotion to that grade by a promotion board convened under section 1410l(a) (or by a special selection board convened under section 14502). The applicant was not eligible for, nor did he meet, the appropriate board which would allow him to be promoted with a date of rank of 1 Oct 2006. The ROP provided by the applicant has no bearing on this particular case. The applicant's DD Form 214, Certificate of Release or Discharge from Active Duty, and Separation Order should be amended to reflect he was separated from active duty effective 15 Oct 1999, as a Capt. Once HQ AFPC publishes his promotion order to Capt, HQ ARPC/PB can grant Special Selection Board consideration to the grade of major for the boards he missed: FY 2006 (Feb 2005), FY 2007 (Mar 2006), and FY 2008 (Feb 2007). The complete CV evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 Aug 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice warranting partial relief. 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 their rationale as the basis for our conclusion that only the applicant’s DOR to the grade of captain should be corrected. We note the Air Force OPR has indicated that based on this correction, HQ ARPC/PB will be able to provide the applicant promotion consideration by special selection board for the boards he missed. Accordingly, we recommend his records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating APPLICANT, be corrected to show that: a. He was considered and selected for promotion to the grade of captain with a date of rank and promotion effective date of 11 Aug 1999. b. His DD Form 214, Certificate of Release or Discharge from Active Duty, and Separation Order be amended to reflect he was separated from active duty effective 15 Oct 1999 in the grade of Captain. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-02218 in Executive Session on 18 Oct 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2012-02218: Exhibit A. DD Form 149, dated 14 Jun 2012, w/atchs. Exhibit A. Applicant’s Master Personnel Records. Exhibit B. Letter, HQ ARPC/CV, dated 16 Jul 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 7 Aug 2012.