RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00517 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. He be considered by Special Selection Boards (SSBs) for the Calendar Year 2013 (CY13) and the CY14 USAFR Line Lieutenant Colonel Participating Reserve (PR) Promotion Selection Boards. (Administratively Corrected) 2. If promoted by any board; his Date of Rank (DOR) be adjusted retroactively as if selected by the CY13 Board. APPLICANT CONTENDS THAT: In March 2013, he was involuntarily discharged due to being passed over twice to the grade of Lieutenant Colonel (Lt Col). In July 2013, the BCMR reset his Retention/Retirement (R/R) date to January and he qualified for sanctuary service. However, due to the length of time it took to rescind his discharge and put him in sanctuary, he was unable to participate and complete satisfactory years for pay points from March 2013 to present. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 August 2002, the applicant was released from the Regular Air Force and, on 16 August 2002, he was transferred to the Air Force Reserve, without a break in service. On 22 July 2013, the applicant’s request to the Board to adjust his R/R Year anniversary, to 5 January 2007 was approved by the Board (AFBCMR Docket Number: BC-2012-04448.) According to the Military Personnel Data System (MILPDS), the applicant was credited with 18 years of satisfactory Federal service through Retention/Retirement Year Ending (RYE) 4 January 2013. On 1 October 2015, the applicant was promoted to the grade of Lt Col by the CY15 USAFR Line Lieutenant Colonel Participating Reserve (PR) Promotion Selection Board, with an effective date and DOR as the same. ARPC has administratively approved the applicant’s records to reflect SSB consideration in lieu of the CY13 and CY14 USAFR Line Lt Col Participating Reserve (PR) Promotion Selection Boards which originally convened on 10 June 2013 and 9 June 2014, respectively. On 24 February 2016, under AFBCMR Docket Number: BC-2014-05004, the Board recommended the applicant’s records be corrected to show that he was credited with an additional 31 non-paid Inactive Duty Training (IDT) points for R/R Year Ending on 4 January 2014 and was credited with an additional 35 non-paid IDT points for R/R Year Ending 4 January 2015, resulting in 50 total retirement points for each period, which constitutes two years of satisfactory Federal service. AIR FORCE EVALUATION: ARPC/PB recommends denial of the applicant’s request to have his DOR adjusted retroactively to his first missed opportunity in 2013. However, PB states if the applicant is selected by the CY13 USAFR Line Lt Col PR Promotion Selection Board, his DOR will be established as 1 October 2013, his first missed opportunity for promotion to the grade of Lt Col. If non-selected by the SSB in lieu of the CY13 USAFR Line Lt Col PR Promotion Selection Board, he should be considered to have failed selection for promotion in accordance with Title 10, U.S.C., Section, 14501. However, he will be scheduled for SSB consideration in lieu of the CY14 USAFR Line Lt Col PR Promotion Selection Board. Based on his discharge being rescinded, he has been administratively approved for SSB consideration in lieu of the CY 13 and CY 14 US AFR Line Lt Col Participating Reserve (PR) Promotion Selection Boards which originally convened on 10 June 2013 and 9 June 2014, respectively. A complete copy of the ARPC/PB evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the validity of the conclusions of the advisory opinion in regards to ARPC’s recommendation for disapproval of his request without giving due consideration to all the problems the delay in his reinstatement has caused, such as missed promotion boards. In this respect, he believes that a promotion from ANY upcoming board, regular or SSB, should be retroactive to 2013. Therefore, he requests the Board disregard ARPC's recommendations and use its own good judgment based on a full consideration of ALL the facts and history of his case. 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 an error. We took notice of the applicant’s complete submission in judging the merits of the case, including his rebuttal to the Air Force Reserve evaluation; however, we agree with the opinion and recommendation of the Air Force Reserve Office of Primary Responsibility (OPR) and adopt its rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted. In addition, while we note the applicant contends that his DOR should reflect a promotion in 2013, irrespective of which board he is selected under, in our view, the applicant has not provided sufficient evidence to show how the delay in his reinstatement makes him the victim of an injustice to warrant adjusting his DOR. Aside, the applicant was selected and promoted to the grade of lieutenant colonel, effective 1 October 2015; so if he is selected by either the CY13 or the CY14 SSBs, his DOR should be established appropriately. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting further relief in this application. 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-2015-00517 in Executive Session on 15 March 2016 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00517 was considered: Exhibit A. DD Form 149, dated 26 January 2015, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, ARPC/PB, dated 8 April 2015. Exhibit D. Letter, SAF/MRBR, dated 3 Jun 2015. Exhibit E. Letter, Applicant, dated 29 Jun 2015.