RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02745 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to the grade of major be changed from 2 Oct 07 to 8 Sep 07. _________________________________________________________________ APPLICANT CONTENDS THAT: During a records review in Jan 11, he discovered his date of rank to major was in error. Before joining the Air Force Reserve, he was selected for promotion to major by the Calendar Year 2006B (CY06B) Active Duty board in Sep 06. Upon transfer to the Reserve, his leadership recommended him for an immediate promotion to major. Due to an unintended administrative delay, the promotion recommendation was not processed in a timely manner resulting in his date of rank being posted as 2 Oct 07 vice 8 Sep 07. This incorrect date will have an adverse impact on his career timing and progression. According to AFI 36-2504, Officer Promotion, Continuation, and Selective Early Removal in the Reserve of the Air Force, officers are eligible for promotion on a mandatory board after serving seven years time-in-grade. Because the Air Force Reserve considers officers for promotion on a fiscal year time-in-grade cycle, the current incorrect date would cause him to miss the opportunity to meet the seven year time-in-grade board by two days. This would mean a requirement to wait eight years before he would be eligible to compete for lieutenant colonel, placing him one year behind his peers and at a great disadvantage for other opportunities. He is one of the few Reservists who has completed a master’s degree, graduated from in-residence Squadron Officers School as a Top Third Graduate (Distinguished Graduate), attended Air Command and Staff College in-residence as a Congressional Fellow, completed Joint Professional Military Education II in-residence, and now serves on the Chairman of the Joint Chief’s of Staff Legislative Affairs staff. In support of his request, the applicant provides a letter of support from his commander, email correspondence, and various documents pertaining to his promotion to major and appointment in the Air Force Reserve. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was selected for promotion to major by the CY06B active duty promotion board. He transferred to the Reserves with the Active Duty List (ADL) promotion pending. AFI 36-2504, Officer Promotion, Continuation, and Early Removal in the Reserve of the Air Force, paragraph 6.4, states that any officer selected for promotion to a higher grade, who transfers from the ADL to the Reserve Active Status List (RASL) of the same armed force, will receive their promotion providing the officer remains in the same competitive category. The officer’s DOR on the RASL is calculated using the current Reserve of the Air Force requirements for in-the-promotion zone promotions for the officer’s competitive category. However, AFI36-2504, paragraph 6.5, states that an officer on a promotion list as a result of selection for promotion by a mandatory promotion board may be promoted at any time to fill a vacant position. A request was submitted to accelerate the applicant’s promotion pursuant to, paragraph 6.5, which resulted in the applicant receiving a DOR of 2 October 2007. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial. DPB states the applicant’s statement that his current DOR places him one year behind his peers is without merit. His USAFR peers assumed the higher grade during FY09 (1 Oct 08 through 30 Sep 09). He is actually a year ahead of his Reserve Active Status List (RASL) peer group. Upon verification with Headquarters Air Force Personnel Center (HQ AFPC), he actually remained on par with his former Active Duty List (ADL) peer group. Those selected by the CY06B board were promoted between 1 Jul 07 and 1 Jul 08. While the applicant states he just discovered the problem in 2011, he was aware of his DOR in 2007 when he received his promotion order. The complete DPB evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The advisory offered to the board recommending denial of his request fails to address the issues in question. Instead, it provides diverting commentary on uncontested, non-applicable peer groups and the tardiness of discovering the error as justifications to deny the request. It does not address the responsibility that personnel experts hold in this matter nor does it offer any defense of their actions and/or inactions from timelines to the reason(s) behind selecting the 2 Oct 07 DOR vice the requested 8 Sep 07 DOR. It also fails to provide any evidence to challenge the testimony he has provided from senior officers concerning their intent. The applicant's complete response is at Exhibit D. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After thoroughly reviewing the evidence of record, we believe relief is warranted in this case. In this respect, we note that pursuant to Air Force policy, an officer on a promotion list as a result of selection for promotion by a mandatory promotion board may be promoted at any time to fill a vacant position. The applicant has provided a letter from his former wing commander stating that the applicant was assigned to a vacant position in one of his units on 8 September 2007 while on a promotion list for promotion to major. The applicant’s former wing commander also indicates it was their intent the applicant would be promoted effective the date of his assignment to the vacant position. However, unintended administrative delays prevented the promotion request from being processed in a timely manner. After considering the circumstances in this case, and the letter of support from the applicant’s former wing commander, we believe it is in the interest of justice to grant the requested change in the applicant’s DOR Therefore, we recommend his records be corrected to the extent 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. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was promoted to the grade of major (0-4) effective and with a date of rank of 8 September 2007, rather than 2 October 2007. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02745 in Executive Session on 3 Nov 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Jul 11, w/atchs. Exhibit B. Letter, ARPC/DPB, dated 17 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11. Exhibit D. Letter, Applicant, dated 21 Sep 11. Panel Chair