RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04659

XXXXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

His rank and date of rank upon joining the Air Force Reserve be adjusted to Major and 5 May 16, respectively, and he receive associated back pay.

By amendment, he be considered by a Special Selection Board.

APPLICANT CONTENDS THAT:

The Air Force Reserve failed to follow established regulation, instructions and policy upon his transfer from one service component (Army National Guard) to another (Air Force Reserve).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air Force Reserve Captain.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and F.

AIR FORCE EVALUATION:

ARPC/DPAR recommends denying the application.  Applicant’s current date of rank to Captain was calculated based upon change in competitive category and prior commissioned service.  The complete advisory 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 28 Feb 18 for comment (Exhibit D), and the applicant replied on 28 Mar 18.  In his response, the applicant contended his date of rank should have been calculated under the new rules established by the 2 Aug 17 version of AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force, giving him 9 years, 10 months constructive credit.  The applicant’s complete response is at Exhibit E.

AIR FORCE EVALUATION:

ARPC/DPAR recommends denying the application.  Applicant’s current date of rank to Captain was calculated in accordance with AFI 36-2005, dated 19 May 03, which was current at the time of the applicant’s appointment to the Air Force Reserve, and resulted in a loss of service credit during the competitive category change.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 2 May 18 for comment (Exhibit G), and the applicant replied on 1 Jun 18.  In his response, the applicant contended the advisory did not address his references to relevant Department of Defense Instructions, and reiterated his position regarding use of the updated AFI 36-2005 to calculate his DOR.  Additionally, the applicant requested his original application be amended to include a request for Special Selection Board due to failure to consider him for promotion.  The applicant’s complete response is at Exhibit H.

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 thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPAR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  We find the applicant’s current rank and date of rank was correctly determined utilizing the guidance in effect at the time of his appointment.  Therefore, the Board recommends against correcting the applicant’s records.

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 applicant be informed the evidence did not demonstrate material error or injustice, and the application will 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-2016-04659 in Executive Session on 10 Apr 18 and 27 Aug 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Nov 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAR, w/atchs, dated 1 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 28 Feb 18.
Exhibit E:	Letter, Applicant Rebuttal, dated 28 Mar 18.
Exhibit F:	Advisory opinion, ARPC/DPAR, w/atchs, dated 12 Apr 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 2 May 18.
Exhibit H:	Letter, Applicant Rebuttal, dated 1 Jun 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.