RECORD OF PROCEEDINGS

IN THE MATTER OF:		DOCKET NUMBER: BC-2016-02640

	COUNSEL:	

	HEARING: YES

APPLICANT REQUESTS THAT:

He be promoted to Colonel, and be given constructive retirement at 20 years of service, or alternatively, promotion consideration, and constructive retirement. 

APPLICANT CONTENDS THAT:

Had his promotion file been properly re-considered after removal of his referral Officer Performance Report (OPR), he could have been promoted and had an additional two years of satisfactory service allowing him to reach 20-year retirement in the Reserves.  He was passed over for promotion to Colonel twice as a result of a referral OPR that was later removed from his records by the Evaluation Review Appeal Board (ERAB).  The applicant’s complete submission 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 lieutenant colonel (O-5).  

On 16 Dec 11, AF Form 77, Letter of Evaluation, was created reflecting that the applicant’s OPR for the period of 22 May 06 thru 21 May 07 was removed by order of the Chief of Staff, USAF, in accordance with AFI 36-2401.  

On 20 Jul 12, the applicant was notified of his 1 Jun 13 Mandatory Separation Date (MSD).

On 1 Jun 13, the applicant was honorably discharged from all appointments in the Air Force.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/PB recommends partially granting the application.  The applicant met the following promotion boards and was not selected:  the CY10 Air Force Reserve (AFR) Participating Reserve (PR) Colonel Promotion Selection Board, CY11 AFR PR Colonel Promotion Selection Board, and the CY12 AFR PR Colonel Promotion Selection Board.  Title 10, U.S.C., section 14301 states that individuals on the Reserve active-status list (RASL) must be considered for promotion when eligible.  He was discharged from the AF Reserves on 1 Jun 13 in accordance with (IAW) Title 10, U.S.C., section 14507(a), after completing 28 years of commissioned service.

Notwithstanding the above, on 15 Dec 11, as an administrative solution to the applicant’s AFBCMR case BC-2011-02639, the Evaluation Review Appeal Board (ERAB) removed his referral OPR with a close out date of 15 Aug 07 from his record.  AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, states that officers submit applications for supplemental consideration using AF Form 948, Application for Correction/Removal of Evaluation Report.  Their research of the applicant’s personnel records revealed no record of any actions to process the applicant for supplemental promotion consideration.  Based on the fact the applicant was not reconsidered after the OPR was removed from his record by the ERAB, they recommend the Board direct a Special Selection Board (SSB) be convened in lieu of the CY10 USAFR PR Colonel Promotion Selection Board and, if not selected by that SSB, a SSB be convened in lieu of the CY11 USAFR PR Colonel Promotion Selection Board.  The applicant’s MSD separation had nothing to do with the applicant’s promotion deferrals; it was based solely on the applicant’s 28 years of service.  There is no benefit for the AFBCMR to extend the applicant’s MSD; if the Army National Guard wishes to gain the applicant, then they are the proper agency to extend the MSD.  A complete copy of the ARPC/PB evaluation is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 23 Feb 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his request.  In particular, we concur with the rationale and recommendation of ARPC/PB, finding that because the applicant was not reconsidered after the referral OPR was removed from his record by the ERAB, the applicant be given Special Selection Board (SSB) in lieu of the CY10 USAFR PR Colonel Promotion Selection Board and, if not selected by that SSB, a SSB be convened in lieu of the CY11 USAFR PR Colonel Promotion Selection Board.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a. All references to his non-selection for promotion by the CY10 USAFR PR Colonel Promotion Selection Board, and CY11 USAFR PR Colonel Promotion Selection Board be removed. 

	b.  A Special Selection Board (SSB) be convened in lieu of the CY10 USAFR PR Colonel Promotion Selection Board and, if not selected by that SSB, a SSB be convened in lieu of the CY11 USAFR PR Colonel Promotion Selection Board.

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02640 in Executive Session on 22 May 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 4 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.