RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02698 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His date of rank (DOR) to captain be changed to 15 July 2003. (ADMINISTRATIVELY CORRECTED) 2. His date of rank to major be changed to 27 September 2008. ________________________________________________________________ APPLICANT CONTENDS THAT: A break in service which was corrected by the Air Force Board for Correction of Military Records (BCMR) caused his DOR to major to be incorrect. Prior to joining the Reserves, he was selected for promotion to major during the CY07A Selection Board. In accordance with 10 USC 14317, the Reserve Selection List should have been updated with his active duty line number. He was eligible for an accelerated promotion when reassigned to the Reserves with the senior rater/Wing Commander’s approval. In support of his request, the applicant provides a letters from his Commander, a copy of his promotion selection notification, a copy of the letter withdrawing his promotion and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force from 20 July 1990 to 24 September 2008. He transferred to the Air Force Reserves effective 25 September 2008. On 7 October 2008, he was notified of his projected promotion to major with a pin on date of 21 June 2010. On 21 October 2008, he was notified his promotion to major was withdrawn due to a break in service. The applicant submitted an application to the BCMR requesting the break in service be removed from his records. The application was approved and his record was corrected. The other relevant facts pertaining to this application, extracted from the applicant’s master personnel records, are outlined in the letter prepared by the Air Force office of responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends approval of the applicant’s request for an earlier DOR; however, the DOR should be corrected to 1 October 2009. The applicant is not eligible for the requested DOR of 27 September 2008; that date is part of the FY08 major list which is before the applicant’s RASL promotion eligibility. The applicant was selected for the Active Duty List (ADL) promotion prior to his transfer from active duty to Reserve Active Status List (RASL). The applicant was placed on the CY09 major promotion list with a projected DOR of 21 June 2010. The DOR was established by his date of transfer and 7 years time in grade from his promotion to captain. After he was notified of his promotion date, ARPC realized he had a break in service which rendered him ineligible for this promotion. His name was not on a scroll approved by the Secretary of Defense prior to the transfer. As a result the break in service, ARPC was required to remove his name from the CY09 promotion list. The applicant was considered and selected by the CY10 major promotion board with a DOR of 1 October 10. His senior rater requested an accelerated promotion. His DOR then became 26 May 2010, the earliest DOR available for that promotion list. His break in service was removed by the BCMR rendering him once again eligible for the ADL to RASL promotion. The earliest DOR for an officer on the CY09 promotion list is 1 October 2009. The complete DPB evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 August 2011 for review and comment within 30 days. As of this date, this office has received no response (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. 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 its rationale as the basis for our conclusion that the applicant’s DOR to the grade of major should be changed to 1 October 2009 rather than 27 September 2008 as requested by the applicant. Therefore, we recommend that the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the grade of major, Air Force Reserve, with a Date of Rank (DOR) and a Promotion Effective Date (PED) of 1 October 2009. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02698 in Executive Session on 4 January 2012, 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 15 Jun 11, w/atchs. Exhibit B. Letter, Applicant’s Master Personnel Records. Exhibit C. Letter, ARPC/DPB, dated 10 Aug 1, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 25 Aug 11. Panel Chair