RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01457 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be granted a waiver for being twice deferred for promotion to the grade of lieutenant colonel (O-5) while on Active duty so he may transfer to the Air Force Reserve (AFR). Additionally, he requests a waiver for his medical condition, which was only uncovered as a result of the twice-deferred waiver not being processed in a timely manner. APPLICANT CONTENDS THAT: After his discharge from active duty, he accepted a transfer to an AFR position. He was told by an in-service recruiter a waiver for being twice deferred for promotion was completed; however, he has since been informed his waiver was never accomplished and he may no longer serve in the AFR. He contends a new waiver is being expedited, but because of the delay in processing his original waiver, his physical examination is now expired. During his new physical exam, it was identified his blood pressure is slightly elevated and he has an atrial flutter. Had someone not messed up his transfer from active duty to the AFR, he would not be in a position to now require a waiver for his medical condition. To make matters worse, he was selected for promotion to the grade of lieutenant colonel (O-5) in the AFR but is now being told he cannot continue to serve without multiple waivers. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 27 Apr 02, the applicant entered the Regular Air Force. On 24 Oct 12, the applicant was approved by the Office of the Secretary of Defense for transfer into the AFR. On 30 Nov 12, the applicant was furnished an honorable discharge, and was credited with ten years, seven months, and four days of active service and received separation pay. Due to prior service time, at the time of discharge the applicant had 20 years, 9 months, and 24 days of active service. On 1 Dec 12, the applicant was assigned to AFB, , in MilPDS. An assignment order was not issued. From 1 Dec 12 to 30 May 13 the applicant participated with his Reserve unit but did not receive pay. On 17 Jun 13, according to information provided by the applicant, he found out he was no longer affiliated with the AFR. On 8 Aug 13, IAW Air Reserve Personnel Center (ARPC) Memo 13-21, the applicant was selected for promotion to Lieutenant Colonel in the USAFR, with a date of rank of 1 Apr 14. On 22 Jan 14, as noted on DD Form 2808, Report of Medical Exam, the applicant was identified as not qualified for service for atrial flutter. He was advised to have his blood pressure and atrial flutter evaluated. On 11 Jun 14, ARPC issued Appointment Order, , assigning the applicant to the Individual Ready Reserve (IRR) Non-obligated Non- participating Ready Personnel Section (NNRPS), effective 1 Dec 12, in the grade of major (O-4), for the period of three years based on his receipt of separation pay. On 14 Jul 14, the applicant was notified by ARPC that his IRR NNRPS status was limited to a period of not more than two years. Upon completion of those two years, he will be administratively discharged from his commission in the Air Force Reserve. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: ARPC/DPA recommends granting the applicant’s request indicating there is evidence of an error or injustice. In accordance with AFI 36-2005, Appointment In Commissioned Grades and Designation and Assignment in Professional Categories - Reserve of the Air Force and United States Air Force, the applicant's two time non- selection for promotion made him ineligible for his original reserve appointment. However, in accordance with AFI 36-2115, Assignments Within the Reserve Component, applicants may be affiliated to the selective reserve unit program upon approval of HQ AFRC/A1. While the applicant was erroneously gained, there was no administrative error on his part. When the applicant’s waiver request was eventually received by AFRC, the applicant’s physical had expired and was then evaluated against accession standards. He should have been transitioned as a Palace Front applicant, which would have evaluated him against retention standards not accession standards, resulting in him not needing a physical exam in December 2012. The following corrections are recommended: a. Correct MilPDS to reflect immediate gain to the unit program on 1 Dec 12. b. Amend ARPC IMT 92, Appointment Order, , dated 1 Jun 14 to reflect original reserve appointment to unit program. c. Adjust point summary to reflect points and satisfactory service. d. Defense Manpower Data Center (DMDC) review for Transitional Assistance Management Program (TAMP) benefit reinstatement. A complete copy of the ARPC/DPA evaluation is at Exhibit C. AFRC/A1K recommends disapproval indicating there is no error or injustice. There must be a military medical authoritative source that is on record advising the member was determined medically qualified for accession. The staff agency [ARPC] offering the position on the member's medical qualifications does not meet the credentialed criteria medically. However, if the decision to grant relief is approved, the ARPC recommendations should be implemented. A complete copy of the ARPC/A1K evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: After his discharge, the applicant went through the Department of Veterans Affairs (DVA) Compensation and Pension Exam. A DVA doctor suspected he might have an occasional atrial flutter based solely upon Electrocardiogram (EKG) results. He did not have any symptoms of atrial flutter, i.e., heart palpitations, shortness of breath, chest pains, etc and since he does not have any symptoms, they could not make a conclusive diagnosis and did not prescribe any medication. In addition, his blood pressure was slightly high. He suspected that it had something to do with salt in his diet so he cut out processed foods. Meanwhile, he kept doing physical training (two mile runs and weight lifting) five days a week. In April 2013, he took his Air Force Fitness Test at AFB and passed. In December 2013, he went to Portland MEPs in order to update his physical. An EKG showed atrial flutter without any symptoms. In October 2014, he went to Hillsboro DVA clinic in Oregon for his annual physical. An EKG still showed atrial flutter, but he was still asymptomatic. His blood pressure reflected normal levels. It has been almost two years since he was diagnosed with atrial flutter, therefore, he does not see any reason to be denied approval of a waiver for being twice deferred for promotion and the medical requirements. 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 an injustice with regards to the applicant’s request for a waiver, for being twice-deferred for promotion on active duty, to allow him to serve in the reserve unit program. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we believe the applicant is the victim of an error or injustice. We note the comments of AFRC/A1K indicating that relief should be denied because the applicant became medically disqualified during the application process; however, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the processing and timeliness of the applicant’s promotion waiver was the primary factor in determining an injustice occurred. We found the applicant acted in good faith, when advised by the recruiter, that a waiver was being processed for him. Additionally, the applicant’s Reserve participation, while likely erroneous, was welcomed at his gaining unit and further supports his contention all parties believed he was serving in the appropriate capacity upon his transition from one component to another. The Board found it more likely than not, had the twice-deferred promotion waiver been processed in a timely manner, the applicant’s medical condition would have been evaluated under different (retention) standards and circumstances. In regards to the applicant’s request to waive medical requirements, the Board did not believe sufficient relevant evidence was presented that would support a recommendation to grant any medical waivers on behalf of the applicant. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that Competent authority granted a waiver for being twice-deferred for promotion on active duty, to allow an appointment to the Air Force Reserve and assignment to the Squadron, AFB, , effective December 1, 2012, as a PALACE FRONT applicant. The following members of the Board considered AFBCMR Docket Number BC-2014-01457 in Executive Session on 21 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01457 was considered: Exhibit A. DD Form 149, dated 25 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPA, dated 16 Jun 14. Exhibit D. Memorandum, ARPC/A1K, dated 23 Sep 14. Exhibit E. Letter, SAF/MRBR, dated 27 Oct 14. Exhibit F. Applicant’s Rebuttal, dated 21 Oct 14.