RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01141

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

1.  His DD 214, Certificate of Release or Discharge from Active Duty be reissued to include the missing Air Force Commendation Medal, 2nd Oak Leaf Cluster (AFCM 2OLC) (Administratively Corrected).

2.  He be considered for a Special Selection Board (SSB) for the V0411A board as a result of meeting that board originally with incomplete records (missing AFCM 2OLC).  

3.  Alternatively, his two non-selections for promotion by the W0409A [sic] and V0410A [sic] be removed from his records; or if not, his non-selection for promotion by the V0410A board be removed. 

APPLICANT CONTENDS THAT:

His missing medal (AFCM w/2OLC) resulted in his inability to be appointed to a Traditional Reserve or Individual Mobilization Augmentee (IMA) position in a reasonable time following his separation from active duty.  Which led to a chain of unfavorable events culminating in his inability to submit a competitive record to multiple major (0-4) Reserve promotion boards.    

The missing medal and citation were omitted in error from his Officer Selection Record (OSR) for two Air Force Reserve (AFR) mandatory promotion boards (W0409A [sic] and V0410A) [sic].  Subsequently, the medal was incorporated into his record prior to discharge from the AFR.  

He was not aware that he would be subject to mandatory AFR promotion boards when in a non-participating status.  Also, he was not made aware that officers in a non-participating status have a consistent zero percent select rate in AFR promotion boards

He was never informed whether or not he met the Special Selection Board (SSB).

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

According to the Statement of Service, dated 19 Jul 00, on 17 Apr 96, the applicant initially entered the Regular Air Force.  On 6 Jul 00, he was honorably discharged with narrative reason for separation of “Commissioned or Warrant in the same Branch of Service.”  He was credited with 4 years, 2 months and 20 days of total active service.  

According to AF Form 133, Oath of Office (Military Personnel), on 7 Jul 00, the applicant was appointed a second lieutenant in the Reserve of the Air Force.  

According to a 67th Network Warfare Wing memorandum, dated 25 Jul 07, the applicant was notified he was considered, but not selected, for retention by the Reduction in Force (RIF) board.  As a result of his non-selection for retention, his Date of Separation (DOS) was established as 29 Jan 08.  The applicant acknowledged receipt of the notification of non-selection.

According to DD Form 214, Certificate of Release or Discharge from Active Duty, on 29 Jan 08, the applicant was honorably discharged with narrative reason for separation of “Force Shaping – VSP,” and corresponding separation code of “LCN.” 

According to ARPC IMT 92, Appointment Order, dated 7 Mar 08, on 30 Jan 08, the applicant was assigned to the Non-obligated Non-participating Ready Personnel Section (NNRPS).  

According to ARPC/PB memorandum, dated 22 Sep 15, the applicant was considered and nonselected by the CY10 USAFR nonparticipating Reserve (NPR) Line and Nonline Major Promotion Selection Board, that convened on 1 Feb 10.  

According to ARPC/DPTT memorandum, dated 30 Mar 11, the applicant was notified he was not recommended for promotion by the CY11 USAFR Participating Reserve (PR) Line and Nonline Major Promotion Selection Board, that convened on 31 Feb 11.  

According to Special Order CB-96, dated 28 Sep 11, on 1 Oct 11, the applicant was relieved from Headquarters Air Force Reserve Command (HQ AFRC) and honorably discharged from all appointments in the Air Force.

On 17 Aug 15, AFPC/DPSOR furnished the applicant a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty to add the AFCM w/2OLC.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

ARPC/PB recommends denial indicating they cannot find, nor has the applicant presented any evidence, to prove the board acted contrary to law or regulation.  

He was properly considered by the CY10 USAFR Non-Participating Reserve (NPR) Line and Nonline Major Promotion Selection Board and was granted a second look by the CY11 USAFR Participating Reserve (PR) Line and Nonline Major Promotion Selection Boards once his record was corrected with the AFCM 2OLC.  

The applicant contends he was unaware he was eligible for promotion while in the NNRPS and that he lacked the ability to amass a competitive record for promotion once he was gained as a participating member.  Neither of these change the fact that in accordance with (IAW) Title 10 USC, section 14301, all officers on the Reserve Active Status List (RASL) must be considered for promotion when eligible.  

IAW with AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, paragraph 1.3.2., the ARPC Board Support Division notifies all nonparticipating candidates of their promotion eligibility.  A notification letter and Officer Preselection Brief (OPB) are mailed to each candidate’s residence approximately four months prior to each promotion board.  ARPC/PB cannot confirm if the applicant’s mailing address was correct in the Military Personnel Data System (MilPDS), or if he actually received the notification and OPB.  A board convening notice is also posted to the MyPers website announcing each board.

Further, AFI 36-2504, paragraph 1.7, states, it is the eligible officer’s responsibility to monitor their own eligibility and ensure their selection record is correct and up-to-date before the convening of the selection board.  Based on the applicant’s two non-selections for promotion, his Mandatory Separation Date (MSD) was correctly established as 1 Oct 11, IAW Title 10 USC, section 14505.

A complete copy of the ARPC/PB evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By undated letter, the applicant states the amalgamation of several imperfect processes resulted in his inability to get promoted and continue to serve as a member to the Reserve component of the Air Force.  

The CY10 NPR Line and Nonline Major Promotion Selection Board had a near zero percent selection rate and this is historically consistent with the other boards for officers in a nonparticipating status.  This fact amplifies his contention that had his record been complete when working with an in-service recruiter to secure an IMA or Traditional Reserve billet following his separation, he may not have been in a position to meet the CY10 Nonparticipating board at all, but rather the CY10 Participating Board as an active member of the AFR unit.

When he met the CY11 AFR Participating Reserve Line and Nonline Promotion Selection Board his record was still incomplete.  This was compounded since he was hired as an IMA in Jul, but unable to participate in Inactive Duty Training (IDT) until Sep due to the high physical security requirements of the facility where the duty was to be performed.  Not only was his medal missing, but his active duty supervisor was unable to objectively rate his performance requiring a “gap” performance report, essentially an empty performance report for the date in question, at the top of his selection record.  

Through post-board counseling he discovered the missing medal and took steps to rectify the error by requesting a SSB which again did not work in his favor, probably as a result of no observable performance which could be rated for military duty.  

He is not asking for the Reserve personnel community to give him a promotion or any other such remedy.  However, he wants a chance to compete on a level playing field within the Air National Guard system that has already expressed interest in his education and qualifications.  

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 or injustice.  We took notice of the applicant’s complete submission and rebuttal in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, other than the aforementioned administrative action, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-01141 in Executive Session on 18 Oct 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01141 was considered:

	Exhibit A.  DD Form 149, dated 23 Apr 15, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records, w/atch.
	Exhibit C.  Memorandum, ARPC/PB, dated 22 Sep 15.
	Exhibit D.  Letter, AFBCMR, dated 29 Oct 15.
	Exhibit E.  Rebuttal, Applicant, undated.