RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03168

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Date of Rank (DOR) for the grade of captain (O-3) be back dated to 18 June 2014.    

APPLICANT CONTENDS THAT:

His DOR upon separation from the Army and entrance into the ANG was not honored.  His DOR to the grade of first lieutenant (O-1) while serving in the Army was 23 October 2010.  He should have received credit for his DOR per his DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, which reflects his initial Reserve service obligation was through 5 October 2016.   

He was told by his force development office his DOR could be corrected after in-processing.  Despite numerous requests for the DOR correction, it was never accomplished and the person who said it would be corrected has since retired.   

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

STATEMENT OF FACTS:

The applicant is in the ANG currently serving in the grade of captain with a DOR of 1 April 2015.

According to his DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was honorably discharged from the Army on 23 April 2012 in the grade of first lieutenant with a narrative reason for separation of “Miscellaneous/General Reasons.”  He was credited with 3 years and 1 day of active duty service.  

Per AF Form 133, Oath of Office (Military Personnel), dated 18 June 2013, the applicant was commissioned in the Reserve of the Air Force in the grade of first lieutenant on 18 June 2013.

According to Special Order Number AA-67 dated 16 December 2013, the applicant’s federal recognition date as an ANG officer in the grade of first lieutenant was 18 June 2013.  

Per Special Order Number AP-129 dated 14 July 2015, the applicant was promoted to the grade of captain with DOR and effective date of 1 April 2015.  

In a letter dated 24 March 2016, the AFBCMR provided the applicant with an opportunity to provide a copy of his conditional release from the Army Reserve.  As of this date, a copy of the document has not been received by this office.    

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D and E.    

AIR FORCE EVALUATION:

NGB/A1P recommends the Board provide the applicant an opportunity to produce a conditional release from the Army Reserve.  If he cannot produce the document, A1P recommends denial based on the fact that he had been discharged (ex-employee) before being appointed in the ANG.   To grant relief would be contrary to the criteria established in AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories - Reserve of the Air Force and United States Air Force.

According to the Military Personnel Data System (MilPDS), the applicant was coded as “Officer Employee Ex-Applicant.” Therefore, his appointment in the ANG was processed as a former officer.  A conditional release from the Army Reserves to show he was still affiliated is required in order to be appointed in the ANG without a break in service.  

A complete copy of the NGB/A1P evaluation is at Exhibit D.

In a revised evaluation, NGB/A1P recommends denial.  Based on the applicant’s records and documentation provided, there is no evidence of an error or injustice.  The applicant was promoted to first lieutenant while serving on active duty in the Army.  His DD Form 214 indicates he was discharged to the IRR on 23 April 2012; however, his AF Form 24, Application for Appointment as Reserve of the Air Force or USAF Without Component, reflects he was not a member of a uniformed service at the time.  For the applicant to be appointed in the ANG with his DOR, he would have had a conditional release from the Army Reserve that showed he was still affiliated between 23 April 2012 and 18 June 2013 and that the Army Reserve approved his transfer to the ANG; however, no such document was included in his accession application package.  Accordingly, he was appointed to the Oklahoma ANG on 18 June 2013 as a former officer.    

A complete copy of the NGB/A1P evaluation, with attachments, is at Exhibit E.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His request to the AFBCMR has not been articulated correctly.  It is his DOR to the grade of captain that he is requesting be changed.  He provides a copy of the NGB/A1PO memorandum dated 11 June 2013 which states that his DOR would be adjusted to date of appointment backdated 1 year, 0 months and 0 days.  Per his AF Form 133 dated 18 June 2013, his DOR for first lieutenant should be 18 June 2012 enabling him to be eligible for captain on 18 June 2014.  However, he was informed by the 137th Air Refueling Wing that he was not eligible for promotion to the grade of captain until 1 April 2015, which is when he was officially promoted.  He requests the AFBCMR backdate his DOR to 18 June 2014.

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

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 note the applicant states in his rebuttal response that his request has not been articulated correctly and that he is requesting his DOR to the grade of captain be changed to 18 June 2014.  However, as pointed out by the Air Force OPR, the applicant has not provided a conditional release from the Army Reserve which would have permitted the elimination of his break in service, retention of his DOR to the grade of first lieutenant and an earlier promotion date to the grade of captain.  While the applicant provides a letter from NGB/A1PO dated 11 June 2013 providing service dates, we note this letter was based on a temporary appointment and contingent on the verification of service dates.  Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  However, should the applicant provide a copy of his conditional release from the Army Reserve, the Board would be willing to reconsider his request.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-03168 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 24 March 2016.
	Exhibit D.  Memorandum, NGB/A1P, dated 30 March 2016, 
			  w/atchs.
	Exhibit E.  Memorandum, NGB/A1P, dated 9 June 2016, 
			  w/atchs.
	Exhibit F.  Letter, AFBCMR, dated 27 June 2016.
	Exhibit G.  Letter, Applicant, undated, w/atchs.