RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02929 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His first promotion nonselection to the grade of major be removed from his records, or in the alternative, his Date of Rank (DOR) to the grade of captain be adjusted to eliminate the time he spent on the Individual Ready Reserve (IRR) beyond his four-year commitment. ________________________________________________________________ APPLICANT CONTENDS THAT: While he was in the IRR, he met a selection board for promotion to major, without receiving any notification or formal correspondence. Although he ultimately seeks the above relief, he is requesting any change which will allow him to continue serving and building time as a captain in order to be more competitive for promotion consideration to major. He now realizes that he should have resigned his commission and had a formal break in service once his four-year commitment was up in 2008. In January 2011, he was nonselected despite having completed his Professional Military Education (PME), Master’s Degree and being assigned to a major billet. He was never advised as to the consequences of meeting two boards and was advised that he would have no problem being promoted since he met all the minimum requirements and was assigned to a major billet. He would have taken several different actions to boost his chances for promotion had he been properly advised this was his second board and that if not selected, he would be separated. In support of the appeal, the applicant provides a personal statement and supporting statements from members of his chain- of-command. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force (RegAF), who was released from active duty and transferred to the Obligated Reserve Section (ORS) of the Air Force Reserve (AFRes) on 16 June 2004. At the time of his separation, his Military Service Obligation (MSO) was 21 April 2008. On 22 April 2008, he was transferred from the ORS to the Nonobligated Nonparticipating Ready Personnel Section (NNPRS), following completion of his MSO. On 31 January 2010, he was assigned as a traditional reservist. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends partial relief and states, in part, that based on the applicant’s completion of his MSO prior to his separation, he could have been immediately placed in the Inactive Status List Reserve Section (ISLRS), which would have rendered him ineligible for promotion consideration by both boards since he was not on the Reserve Active Status List (RASL) when the CY10 board convened and had not been on the RASL for a full year when the CY11 board convened. Therefore, they recommend he be assigned to the ISLRS from 22 April 2008 through 30 January 2010, which will establish the date of his promotion eligibility as 31 January 2010, based on his assignment to the fighter squadron and his DOR to the grade of captain be adjusted from 17 May 2004 to 25 February 2006, which will account for the time spent in ISLRS and render him eligible for in-the- promotion-zone consideration by the CY12 Line and Health Professions Major Promotion Board. The complete ARPC/DPB evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He reviewed the recommendation from ARPC to reset his date of rank and remove him from the CY10 and CY11 Nonselect list; and has nothing to add. ________________________________________________________________ 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 corrective action. The Air Force Reserve office of primary responsibility has provided a thorough review of the applicant’s case and has adequately addressed the issues presented, and we are in agreement with its opinion and recommendation. Therefore, we recommend the applicant’s record be corrected to the extent indicated below. ________________________________________________________________ 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 assigned to the Inactive Status List Reserve Section (ISLRS) on 22 April 2008 and remained there until his placement on the Reserve Active Status List (RASL) on 31 January 2010. He was not discharged on his mandatory separation date of 1 October 2011, but was continued in his current assignment on the RASL. b. His Date of Rank was adjusted to 25 February 2006 rather than 17 May 2004. By competent authority, his name be removed from the Calendar Year 2010 and the Calendar Year 2011 Line and Health Professions Major Promotion Board Nonselect list. c. When considered for promotion, 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 following members of the Board considered AFBCMR Docket Number BC-2011-02929 in Executive Session on 4 October 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Jul 11, w/atchs. Exhibit B. Letter, ARPC/DPB, dated 12 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 19 Aug 11. Exhibit D. Letter, Applicant, dated 23 Aug 11.