RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03543 

 						COUNSEL: NONE

 						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His break in service following his separation from active duty and appointment in the Air Force Reserve be eliminated.  

APPLICANT CONTENDS THAT:

His break in service was due to no fault of his own and was due to delays in the signing of his scroll.  He was notified of his selection for voluntary separation in May 14 and submitted his paperwork for appointment in the Air Force Reserve three months prior to his separation date.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 12 Jun 05, he entered a period of active duty in the Regular Air Force and was discharged on 26 Sep 14.   He was credited with 9 years, 3 months and 15 days of active duty service.

Reserve Order PC-00596 dated 2 Feb 15, shows he was appointed as a Reserve of the Air Force officer on 15 Oct 14.  His service dates were adjusted to reflect the break in service.  

The applicant was discharged from the Air Force Reserve on his mandatory separation date (MSD) of 26 Sep 17 due to nonselection for promotion to the grade of major (O-4).   

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.  While he is correct that the break in service was through no fault of his own, there is no evidence to prove the break in service negatively impacted him.  In fact, the break in service offered the applicant more time for promotion consideration.  Since current policies do not allow for backdating oaths to remove the break in service, his date of separation from active duty would have to be changed to 14 Oct 14 should the Board grant his request.  

The applicant separated from active duty on 26 Sep 14.  Due to a delay in the processing of the nominee package at the Secretary of Defense level, he incurred a break in service between his date of separation and appointment into the Air Force Reserve on 15 Oct 14.  He was considered for promotion by the CY15 NPR major promotion selection board on 2 Feb 15 and was not selected.  He should not have met this board as the break in service made him ineligible for promotion consideration per 10 U.S.C. § 14301.  This was not caught at the time and the promotion deferral was updated in the MilPDS.  

He was then properly considered by the CY16 AFR NPR major promotion board held on 1 Feb 16 and was again not selected.  Due to the erroneous promotion deferral from the CY15 board, this became his second deferral and he was given an MSD of 1 Oct 16 per 10 U.S.C. § 1405.  Upon his nonselection for promotion by the CY16 board, it was discovered he met the CY15 board erroneously and his nonselection and separation date were deleted from MilPDS.  There is no justification for a special selection board (SSB) and the results of the original board would be reinstated.  This would give him two promotion deferrals and the original MSD of 1 Oct 16 would be reinstated.   

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 August 2017 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 injustice.  While we note the applicant’s break in service following his separation from active duty and appointment in the Air Force Reserve was due to no fault of his own, the administrative error did not rise to a level of an injustice to warrant granting the requested relief.  Therefore, 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 sustained his burden of proof that he has been the victim of an injustice.  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-2016-03543 in Executive Session on 24 Feb 18 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Aug 16.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, ARPC/PB, dated 6 Jan 17.
	Exhibit D.  Letter, AFBCMR, dated 23 Aug 17.