RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04955

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His three-time non-selection for promotion in the Individual Ready Reserve (IRR) be voided and his Reserve mandatory separation date be removed.

APPLICANT CONTENDS THAT:

His rater did not complete a 2011 Officer Performance Report (OPR) prior to his involuntary separation from active duty and transfer to the Individual Ready Reserve.  The missing OPR was an injustice for his consideration for promotion and his requested corrections to his records would allow reinstatement and continued service in the Air National Guard (ANG). The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an ANG major.  

On 12 Sep 06, the applicant was issued a referral OPR for, “Otherwise sterling performance marred by an adulterous relationship with another married officer in my sqdn.”

On 30 Nov 11, the applicant was honorably discharged from the Regular Air Force (RegAF) with a Narrative Reason for Separation of, “Non-Selection, Permanent Promotion” and credited with 15 years, 6 months and 2 days on active service in the grade of major. 

On 21 Aug 14, the applicant was notified by ARPC/DPT that he was not recommended for promotion by the Reserve of the Air Force Selection Board and that due to his second deferral from promotion his adjusted mandatory separation date was established as 1 Jun 16.

On 1 Dec 14, the applicant was reassigned from HQ ARPC, Non-Obligated Non-Participating Ready Personnel Section to HQ ARPC Non-Affiliated Reserve Section with reason of, “Promotion Deferred.”

In 2015, ARPC/DPTAR provided a Discrepancy Report for Board ID: W0515A of the applicant’s record and stated the last report on File was 23 Nov 10 and OPRs for the period of 2010-2014 were missing.  The report also stated, “We have contacted the unit and/or member to obtain missing documents(s) or to update the personnel database.  At this point in time we have not received the document or update has not occurred.”

On 1 Jun 16, the applicant was relieved from assignment to HQ ARPC and honorably discharged from all appointments in the Air Force.

On 2 Jun 16, according the documentation provided by the applicant, he was appointed to the Texas ANG in the grade of major.

On 8 Mar 18, ARPC/DPTAR provided a Discrepancy Report for Board ID: A0517A of the applicant’s record and stated the last report on File was 23 Nov 10 and OPRs for the period of 2010-2017 were missing.  The report also stated, “We have contacted the unit and/or member to obtain missing documents(s) or to update the personnel database.  At this point in time we have not received the document or update has not occurred.”

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 denying the application.  The applicant was considered by the CY13, CY14, CY15 Air Force Reserve Nonparticipating Line and Nonline Lieutenant Colonel Promotion Selection boards as required by Title 10, U.S.C., section 14301. Additionally, there is nothing in law that prohibits reappointment of an officer who was discharged after promotion deferral. The USAFR or ANG can reappoint the officer, provided AFRC/A1 or NGB/A1 approves the waiver for appointment. 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 8 Dec 17 for comment (Exhibit D), and the applicant replied on 18 Dec 17.  In his response, the applicant contendes the current version of AFI 36-2406, para 3.4.10.3 states that officer evaluations are not mandatory if "the officer is involuntarily discharged or released from RegAF…; unless transferring to the ANG/AFR, i.e. Force Management," and the revision similarly contained the Force Management provision therefore the intent of the AFI in all versions is to provide continuity through transfer between components to avoid any injustice.  The applicant provided a copy of a letter from the Chief of Staff of the Air Force addressing the FY11 Force Management Program and that the letter calls into question the optional requirement for an annual evaluation addressed in AFI 36-2406.  Additionally, the applicant argues that the ARPC discrepancy reports he initially provided is evidence and contradicts ARPC/PB’s determination that his record, as it met each board, did not contain any errors.  Lastly, although NGB/Al approved a waiver for his active duty promotion deferrals, they refused to approve an additional waiver for promotion deferral in the IRR. The recommendation argument from ARPC/PB is not a viable alternative for him to continue service in the ANG.  The applicant’s complete response is at Exhibit E.

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 that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of ARPC/PB and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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.

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-2016-04955 in Executive Session on 1 Aug 18:

	Panel Chair
	Member
	Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 17 Sep 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Dec 17.
Exhibit E:	Applicant’s response, dated 18 Dec 17.

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