RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02389 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS: 1. The special order dated 1 April 2008 relating to his promotion to the grade of Captain, O-3, effective 31 December 2002 be voided. 2. The special order dated 21 September 2007 relating to his promotion to the grade of Captain, O-3, effective 1 October 2007 be designated as his official promotion order to the grade of Captain. 3. He maintain eligibility for promotion to the grade of Major, O-4. ________________________________________________________________ THE APPLICANT CONTENDS THAT: 1. On 7 September 2007, he received a letter indicating he was erroneously assigned to the Inactive Status List Reserve Section (ISLRS), and therefore was not identified as eligible to meet the fiscal year (FY) 2003 Captain Line and Health Professions Selection Board held in June 2002. As a result of the erroneous assignment his records were approved to meet a special selection board (SSB) and, if selected, his date of rank would become 31 December 2002 as if the original Captain Line and Health Professions Selection Board had selected him. He was afforded the opportunity to submit a letter to be included in his record for the SSB. He did not understand the letter he received in 2007, therefore, he did not submit a letter, to be included in his record for the SSB. 2. On 4 April 2008, he received a promotion order indicating the effective date of his promotion to the grade of Captain was 31 December 2002. He had previously received an order dated 21 September 2007, indicating the effective date of his promotion to Captain was 1 October 2007. He was preparing to deploy to Iraq when he received the promotion order in 2008 and had other pressing things on his mind and did not inquire further into this discrepancy. He now realizes that he should have inquired further. 3. He enrolled in Squadron Officer School (SOS) and completed the program in April 2010. He would have completed it earlier, however, there was a test compromise and there was no SOS testing Air Force wide for a period of time. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: 1. According to documents extracted from the Automated Records Management System (ARMS), the applicant is a former member of the U.S. Air Force Reserve (USAFR). His initial appointment began on 31 December 1996. On 1 December 2010, he was separated and credited with 1 year, 7 months, and 15 days total service for pay. 2. The applicant originally submitted his request for correction of his date of promotion to captain to the AFBCMR on 2 July 2010. On 30 August 2010, he requested an extension in order to have time to properly prepare his comments to the Air Force office of primary responsibility (Exhibit E). The case was administratively closed until the applicant sent a request to proceed with his case on 7 March 2012 (Exhibit G). 3. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ THE AIR FORCE EVALUATION: 1. ARPC/DPB recommends denial. DPB states the applicant seems to desire elimination of the two deferrals for promotion to major by invalidating the SSB promotion. The applicant was appointed in the Texas) Air National Guard (TXANG) on 5 April 1997 and began undergraduate pilot training (UPT). The applicant did not complete UPT and was subsequently discharged from the TXANG effective 15 August 1998 and transferred to the USAFR. 2. When assigned from the TXANG to the USAFR, the applicant was erroneously assigned to the Non-Obligated Non-Participating, Ready Personnel Section (NNRPS). This assignment is for any officer who has completed their military service obligation (MSO) but is still retained in the Reserve. The applicant had only completed approximately one year and seven months of his eight-year MSO and should have been correctly assigned to the Obligated Reserve Section (ORS) until 30 December 2004 and then assigned to the NNPRS. The erroneous NNPRS assignment caused an additional erroneous assignment to the Inactive Status List Reserve Section (ISLRS) in May 2002, which prevented his record from being considered for promotion by the Fiscal Year 2003 (FY03) Line and Health Professions Captain Promotion Board, which convened on 24 June 2002. 3. The applicant was then promoted to captain during the FY08 Captain’s Promotion Process. During the confirmation of eligibility for the FY08 captain promotion process, the applicant’s erroneous assignments to NNRPS and ISLRS were discovered. The applicant was awarded special selection board (SSB) consideration, which was conducted on 24 March 2008. He was selected by the SSB and awarded a date of rank of 31 December 2002, thereby back-dating his 1 October 2007 date of rank. The applicant was considered but not selected by the CY09 and CY10 Line of the Air Force Major Promotion Board which placed him in a deferred status with a mandatory separation date of 1 December 2010. The complete HQ ARPC/DPB evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: In his response, the applicant reiterates he was not properly notified that he had been promoted to captain while he was in an inactive status. Until he received the letter on 1 April 2008, he was completely unaware of his rank of captain. He further states if he was properly notified of his 2002 promotion he would have diligently met the developmental education requirements of his captain status. As soon as he found out he was promoted to the rank of captain he enrolled in Squadron Officer School (SOS) in December 2007. His job schedule and a deployment to Iraq delayed his completion of SOS until April 2010. The applicant’s complete response is at Exhibit F. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: ARPC/PB recommends denial. ARPC/PB states all laws and policies were followed. Once the administrative error surrounding the applicant’s erroneous assignment to the Non-Obligated Non- Participating Ready Personnel Section was discovered, his record was administratively corrected and was considered for promotion by a special selection board as law requires. The complete ARPC/PB evaluation is at Exhibit H. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 1. In his response, the applicant reiterates his previous contentions that the transfer to USAF Reserves and the erroneous assignment to the Inactive Status List Reserve Section (ISLRS), and subsequent administrative errors in his record had far- reaching effects on his Air Force career. Between personal obligations, and learning of an upcoming deployment to Iraq, he had mapped out how he would accomplish his DE, believing that he had at least until the 2011 promotion process to complete and submit all developmental education (DE), training and documentation. 2. The applicant indicates the ARPC/PB evaluation is correct; however, in addition to noting that he was preparing for deployment to Iraq and didn't have adequate time to respond to the new DOR information received in Apr 08, it is important to also note that the shortened timeline for completing the DE, based on the new DOR, was an unreasonable expectation put upon him. Due to the administrative errors and changing his DOR, through no fault of his own, he was not given the time to adequately complete the training that would have allowed him the opportunity to be considered for promotion to Major. 3. He was overlooked for promotion several times and was unfairly discharged in 2010. He did, however, complete his DE in May 2010 which would have given him adequate time for proper consideration for promotion in the 2011 promotion process; a timeline that he had always planned for upon learning of his promotion in 2007. He believes the AFBCMR should concur with the ARPC/PB recommendation that would allow him to establish a Reserve career and adequately compete for promotion to Major in calendar year (CY) 2014. The applicant’s complete response is at Exhibit J. ________________________________________________________________ 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. We have reviewed the available evidence pertaining to the applicant’s contention that the transfer to the Reserves and erroneous assignments to the Inactive Status List Reserve Section (ISLRS), and Non-Obligated Non-Participating Ready Personnel Section (NNRPS), and subsequent administrative errors in his record had far-reaching effects on his Air Force career; however, we are not persuaded that corrective action is warranted. The Air Force maintains, and we are not persuaded otherwise by his assertions, that once the administrative error surrounding the applicant’s erroneous assignment to ISLRS and NNRPS was found, his record was administratively corrected and he was considered for promotion by a special selection board as law requires. While we are not unsympathetic to the applicant’s circumstances, in the absence of evidence indicating he was treated differently than others who are similarly situated, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale expressed as the basis for our decision that the applicant has not been the victim of an injustice. Accordingly, the applicant’s request is not favorably considered. 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 issue(s) 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 in Executive Session on 18 June 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR Docket Number BC-2010-02389: Exhibit A. DD Form 149, dated 2 July 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPB, dated 6 August 2010. Exhibit D. Letter, SAF/MRBR, dated 13 August 2010. Exhibit E. Letter, Applicant, dated 30 August 2010. Exhibit F. Letter, Applicant, dated 3 November 2010, w/atchs. Exhibit G. Letter, Applicant, dated 7 March 2012. Exhibit H. Letter, ARPC/PB, dated 20 March 2013. Exhibit I. Letter, AFBCMR, dated 29 April 2013. Exhibit J. Letter, Applicant, dated 26 May 2013. Dear : Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2010-02389. After careful consideration of your application and military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice. Accordingly, the Board denied your application. You have the right to submit newly discovered relevant evidence for consideration by the Board. In the absence of such additional evidence, a further review of your application is not possible. Record of Board Proceedings