RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03318

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His Date of Rank (DOR) to the grade of Captain (Capt) be adjusted to 1 Apr 12, to align with his active service in the Air Force Reserve (USAFR).

2.  His two promotion non-selections to the grade of Major (Maj) be removed from his records.

3.  His mandatory separation date of 1 Oct 15, be revoked.

APPLICANT CONTENDS THAT:

On 1 Jul 04, he separated from active duty through the Force Shaping program.  He did not actively serve in the USAFR for eight years.  When he reentered active service in the USAFR, he was informed that he had been promoted to the grade of Capt with an adjusted DOR of 2 Jan 07; thereby setting him up to meet his first major’s promotion board after one year of active service as a Capt.  

He has been passed over for promotion to the grade of Maj twice due to having too few years of active service as a Capt rather than poor performance.

He wants the opportunity to actively serve and be rated for six years as a captain so his performance and record can be fairly evaluated by a promotion board.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, on 15 Jul 04, he was separated for “Miscellaneous or General Reasons.”  He was credited with 2 years, 6 months and 26 days of total active service.  In block 6, Reserve Obligation Termination Date, reflects “N/A,” and block 9, Command to Which Transferred, reflects “N/A.”

According to Reserve Order BA-01137, dated 18 Nov 05, the applicant was promoted in the Reserve of the Air Force to the grade of Capt in accordance with Title 10, United States Code (USC), Section 1405.  Also, it was noted the promotion would be void if the applicant was discharged or transferred to the Inactive Status List Reserve Section (ISLRS) or retired Reserve prior to the effective date of promotion (20 Dec 05).  

According to Reserve Order HB-002274, dated 20 Sep 11, the applicant was reassigned from the Non-obligated Non-participating Ready Personnel Section (NNRPS) to the ISLRS effective 18 Sep 11.  

According to an ARPC/DPT memorandum, on 8 Apr 15, the applicant was notified that he was not recommended for promotion by the Reserve of the Air Force Selection Board.  Since this was his second deferral for promotion, and in accordance with Title 10 USC, section 1405, his mandatory Date of Separation (DOS) was adjusted to 1 Oct 15.  Further, it was noted that the applicant did not qualify for transfer to the Retired Reserve. 
	
According to Reserve Order CB-158, dated 18 Sep 15, the applicant was honorably discharged from all appointments in the Air Force, effective 1 Oct 15. 

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 of the applicant’s request to have his DOR to Capt be adjusted; his two non-selections to the grade of Maj be removed, and his mandatory DOS of 1 Oct 15, be revoked.  The applicant was properly considered and selected by the Fiscal Year 2005 (FY05) AFR Capt Promotion Selection Process; properly considered by both the Calendar Year 2014 (CY14) and CY15 AFR Participating Reserve (PR) Maj Line Promotion Selection Boards and discharged as directed by Title 10 USC, Section 1405.  To grant relief would be contrary to the criteria established by Title 10 USC, section 14301.  

On 16 Jul 04, the applicant was correctly assigned to the Obligated Reserve Section (ORS).  

On 20 Feb 05, the applicant was promoted to the grade of Capt by the FY05 AFR Capt Promotion Selection Process.  

From 18 Apr 09 to 17 Sep 11, he was assigned to NNRPS.  Although he was in a nonparticipating status (ORS and NNRPS) from 2004 to 2011, he was on the Reserve Active Status List (RASL) and was eligible for promotion in accordance with 10 USC, section 14301.

On 18 Sep 11, the applicant was assigned to ISLRS; however, while in ISLRS, he was not on the RASL and not eligible for promotion.

On 1 Apr 12, the applicant was assigned in a participating status but not eligible for promotion consideration until he had one year on the RASL as required by 10 USC, Section 14301.  He met the requirement on 1 Apr 13, and was considered but not selected by the CY14 AFR PR Maj Line Promotion Selection Board on 13 Jan 14.  At the time of the board, the applicant’s record showed no participation from 2005 to 2012; a satisfactory year of participation in 2013; only one performance report, and no decorations.  

On 2 Feb 15, the applicant was considered but not selected by the CY15 AFR PR Major Line Promotion Selection Board.  At the time of the board, his record showed no participation from 2005 to 2012; two satisfactory years of participation; two AFR performance reports; completed Developmental Education (DE), and an Air Force Achievement Medal (AFAM) awarded in 2014.  

Eligibility for continuation by the CY15 Capt Continuation Board was based on the twice-deferred officer being in the Selected Reserve.  The applicant is in a Civil Air Patrol Reserve Assistance Program position, which is not part of the Selected Reserve.  Therefore, he was ineligible for continuation consideration by this board.    

The applicant spent several years in nonparticipating statuses and has not provided any reason as to why he stayed in those statuses.  Part of a Reserve officer’s responsibility in the management of his or her career is to control the time spent in a nonparticipating status.  His concern with too few years of documented service is an issue shared by many of his peers and is not a legal reason for being excused from consideration by a promotion board.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was not adequately counseled on his Reserve service responsibilities and participation requirement during out-processing in Jun 04.  He believed he would be transferred to the Reserve to complete his mandatory service obligation, but in an inactive capacity, unless recalled.  

He was not counseled on his requirement to maintain uniforms, identification card, keep his address updated, or that he would need to muster from time-to-time.  

He was definitely not counseled that he would meet promotion boards while in the IRR, and the lack of participation in the years immediately following separation from active duty would inhibit his ability to progress in the Reserve in the future.

In 2011, he started the process of joining the Reserve and thought the “I” in IRR stood for “Inactive.”  He discovered he had been promoted to Capt while in the IRR and would meet a Maj promotion board after one year on the RASL.  

If the Board were to approve his request, to include changing his DOR to Capt to 1 Apr 12, he would not meet a Maj promotion board until CY18.

The applicant’s complete submission 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 in judging the merits of the case; 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 the applicant has not been the victim of an error of injustice.  Therefore, 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-2015-03318 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-2015-03318 was considered:

	Exhibit A.  DD Form 149, dated 28 Jul 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/PB, dated 24 Dec 15.
	Exhibit D.  Letter, AFBCMR, dated 9 Mar 16.
	Exhibit E.  Rebuttal, Applicant, dated 29 Mar 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.