RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05376

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

1.  His second deferral for promotion to major be removed from his record.

2.  His separation be withdrawn, and he be reinstated into the Air Force Reserve.  

APPLICANT CONTENDS THAT:

His last four Officer Performance Reports (OPRs) were 150+ days late on closing out, resulting in his promotion packages being incomplete.  Additionally, a computer system issue prevented his 2011 OPR from being submitted.  His assigned organization had a policy that Reservists did not receive awards for conducting daily duties.  He had no current OPRs and no current awards, both of which could have changed the outcome of the promotion board, according to a Post Board Counselor.  He did note that his unit did award him with a Joint Service Commendation Medal for the period 1 Oct 11 to 1 Oct 15, on 3 Nov 15; however, it was not done in time for inclusion in his CY15 USAFR PR Major Line Promotion Selection Board promotion board package.  

After his second deferral for promotion, the Maryland Air National Guard advised him they were willing to accept him in a primary cyber officer billet if his second deferral for promotion was removed/waived by the BCMR.  He wants the opportunity to continue to serve his country, and honor his retraining (Cyber Tech School) service commitment of two years.  

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Air Force Reserve in the grade of captain (O-3).  

On 11 Feb 15, the applicant completed Undergraduate Cyber Training (UCT) Phases 1 and 2.  

On 8 Apr 15, the applicant was notified of his second deferral for promotion to major.  

On 18 Sep 15, the applicant was honorably discharged from all appointments in the Air Force.  

On 3 Nov 15, the applicant was awarded the Joint Service Commendation Medal (JSCM) for the period 1 Oct 11 to 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 indicating there is no evidence of an error or an injustice.  The applicant was properly considered by both the CY14 USAFR Participating Reserve (PR) Major Line Promotion Selection Board on 13 Jan 14, and the CY15 USAFR PR Major Line Promotion Selection Board on 2 Feb 15.  He was properly discharged on 1 Oct 15 as directed by Title 10, U.S.C., Section 14505.  

The applicant contends his OPRs were consistently more than 150 days late, to include the OPRs for both promotion boards, and that a system issue prevented an OPR from being submitted.  He states the policy of his unit regarding decorations for Reserve officers led to his not receiving a decoration.  Additionally, he states he is being prevented from fulfilling his military service commitment from Cyber Tech School.

There is Air Force policy concerning the timeframes for completing an OPR.  If a unit takes an excessive amount of time to document an officer’s performance, this could have an impact on information presented to a promotion board.  In the applicant’s case, the top OPRs for the boards in question were finished before the board was held and were included in the applicant’s officer selection record.
Per AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, it is the responsibility of every officer to ensure his or her record is correct and up-to-date before the convening of a selection board.  
The applicant includes information to show the OPR closing out 30 Jul 11 was not properly processed before the V0414A, and details what he did after the board to get it corrected.  However, the case does not show the measures the applicant took once the OPR was complete in Aug 11, and before the board was held in Jan 14 to ensure his record was complete and board ready.  They could not find any evidence, nor has the applicant presented any evidence, to prove the V0414A and V0415A promotion boards acted contrary to law or regulation, or that his record contained any errors that he could not have corrected by exercising reasonable diligence.  Other than his stated contention in his application, the applicant did not present any further information on his unit’s position regarding decorations for Reserve officers.  Although decorations are presented to promotion boards as an item for consideration when determining an officer’s promotion potential, there is no standard Air Force policy or direction that states an officer must be considered for a decoration before a promotion board.  

Regarding the applicant’s contention that the Maryland Air National Guard advised him they were willing to accept him in a primary cyber officer billet if his second deferral for promotion was removed/waived by the BCMR; he has not exhausted all reasonable administrative remedies. He has not processed a waiver for appointment through the recruiting channels.  There is nothing in law that prohibits reappointment of an officer who was discharged after promotion deferral.  The ANG can reappoint the officer, provided NGB/A1 approves the waiver for appointment.  

Regarding the applicant’s contention his separation has prevented him from fulfilling his military service commitment from Cyber Tech School; the requirement of law for an officer to separate after being twice deferred takes precedence over any service commitments an officer may have.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 May 16, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 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.  We note the OPR opined there is an available avenue of administrative relief the applicant 
can pursue with the recruiting channels regarding a reappointment with the Air National Guard.  Therefore, 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-2015-05376 in Executive Session on 15 Dec 16, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05376 was considered:

	Exhibit A.  DD Form 149, dated 9 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/PB, dated 12 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 11 May 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.