RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02775 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be retained in the Air Force Reserve (AFR). 2. He be reconsidered for promotion to the grade of major at the next promotion board. _________________________________________________________________ APPLICANT CONTENDS THAT: The board did not have a complete assessment of his AFR activity and accomplishments. After contacting the Air Reserve Personnel Center (ARPC) Promotion Board Counsel, he was informed of three discrepancies affecting his promotion. The three areas discussed were: a. Participating less than a full year in 2010 due to entering the AFR on 30 Apr 10 and receiving less than a full year of Inactive Duty Training (IDT) points. b. A break-in-service that stretched nearly three years; however, he submitted a break-in-service letter to the promotion board for consideration. The break-in-service should not be held against him. Additionally, his first Officer Performance Report for the Reserve closed out on 20 Apr 11, which was completed after the board met. He feels that his accomplishments and participation could have significantly increased the board’s confidence in his capabilities and development. c. A promotion nonselection by a major promotion board that met while he was in the Individual Ready Reserve (IRR); the IRR board promotion rate is practically nonexistent, yet ironically was counted as his first board. He understands the IRR must convene a promotion board by law, but this factor alone hinders his chances of success in the AFR given that officers have only two chances at meeting the major’s promotion board. He has enrolled in another graduate degree program majoring in computer science while continually taking professional development courses to support his AFR career. He has made significant impacts in a short period and has demonstrated his capabilities as a valuable team member. If given the opportunity, he will continue to produce quality work during his AFR career. In support of his request, the applicant provides copies of letters of support, and a copy of his AF Form 7607, Officer Performance Report, His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered into the Air Force Reserve on 18 Jul 00 awaiting pilot training. He was progressively promoted to the grade of captain. He was considered but not selected for promotion by the CY10 and CY11 Reserve Major Promotion Selection Boards, on 1 Feb 10 and 31 Jan 11, respectively. The applicant was discharged from all appointments in the AFR on 1 October 2011, IAW USC Title 10, Section 14505, Effect of failure of selection for promotion: reserve captains of the Army, Air Force and Marine Corps, and Reserve lieutenants of the Navy and Section 14513, Separation for failure of selection of promotion. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial. DPB states the applicant was considered, but not selected, by the CY10 Major Promotion Selection Board (W0410A, 1 Feb 10) and the CY11 Major Promotion Board (V0411A, 31 Jan 11). The applicant was assigned to the IRR from Jun 07 to Apr 10 and although members assigned to the IRR are not in a participating status, all officers on the Reserve Active Status List (RASL) must be considered for promotion when eligible. There was only one promotion quota for the CY10 board. DPB notes that all officers in a participating assignment, meeting a major’s board, must have a Directed by HQ Air Force AF IMT 707, Officer Performance Report (OPR), if they have not had performance documentation within a year of the board convening. In this case, when the CY11 board considered the applicant, he did not have the required OPR in his records. He also had less than a full year of participation points available because he was not accessed until Apr 10. Additionally, when the applicant was non-selected by the second board, he did not meet the Secretary of the Air Force’s requirements for continuation since his Air Force Specialty was not manned at less than 99 percent. DPB notes there was no error in his record when it met the CY10 board; however, there was an error at the time the CY11 board convened. This error omitted the required OPR from his records, but DPB does not have a readily available solution. However, DPB states that an OPR for the period of 30 Apr 10 through 2 Nov 10 would have to be prepared, with signature dates prior to 31 Jan 11, in order to grant a special selection board (SSB). In light of a proposed law change, which will render IRR assigned officers ineligible for promotion consideration, the board may disagree with DPB’s recommendation and rule in favor of the applicant. The ARPC/DPB complete evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by providing additional comments based on the ARPC/DPB advisory, which are: a. First, he rebuts the DPB comment that relates to him not having a current OPR on file during the CY11, 31 Jan 11, review. He states he had 8 months in the AFR and his OPR closeout date of 29 Apr 11 was 4 months after the selection board convening, which gave him no opportunity to show his current accomplishments in the AFR. b. Second, another DPB comment points-out the fact his OPR was incomplete; however, he provided a draft OPR to his senior leadership for review well in advance of the 29 Apr 11 closeout date. c. Lastly, DPB addresses that he had less than the required participation points as a reservist for the 2010 year. He reiterates that this was tied directly to being accessed in Apr 10; given the end of the fiscal year is 30 Sep that gave him 5 months to squeeze in the remaining IDT points versus having the normal 12 month period to perform the duty. The applicant’s complete submission, with attachments, 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 warranting corrective action. Although the applicant requests that he be retained in the AFR and meet next year’s major promotion board, we do not believe he has a sufficient record of performance in the grade of captain, to receive fair and equitable consideration to the grade of major by the next promotion board. We note that although members assigned to the IRR, as was the applicant, are not in a participating status, since they are considered to be on the Reserve Active Status List (RASL), they must be considered for promotion when eligible. Due to the timing of the applicant’s entrance into the AFR on 30 Apr 10, he had less than a full-year of participation and IDT points, at the time his record was considered by the CY10 major board. We also note the comments of the Air Force office of primary responsibility that when the applicant met the CY11 board, he did not have an Officer Performance Report (OPR) in his record, as required. As such, we agree with the applicant that he did not have an opportunity to show the promotion boards his accomplishments in the AFR. In view of this and noting the fact that a required, HAF-directed OPR was not a matter of record when his record was considered for promotion by the CY11 major board, we find the applicant was denied fair and equitable promotion consideration to the grade of major based on an incomplete record. Moreover, we note there is a proposed change to the governing law which will render officers assigned to the IRR, a nonparticipating status, ineligible for promotion consideration. In view of this, and noting the applicant did not have a sufficient record of performance at the time his record was considered for promotion by the CY10 and CY11 major selection boards, we recommend his record be corrected to the extent indicated below. In view of our above finding, the applicant’s request for reinstatement in the AFR is moot, as our recommended corrective action will result in his records being corrected to show that he was not discharged from all appointments but was continued in his AFR assignment. 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. His records were not considered for promotion to the Reserve grade of major (0-4) by the Calendar Years 2010 and 2011 Major Promotion Selection Boards. b. He was not discharged from all appointments in the United States Air Force Reserve effective 1 October 2011, but on that date, was continued in his Reserve assignment. It is further recommended that any nonselections for promotion to the grade of major prior to receiving three Officer Performance Reports with at least 250 days supervision, in the grade of captain, be set aside. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02775 in Executive Session on 12 Oct 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 9 Jul 11, w/atchs. Exhibit B. Letter, AFPC/DPB, dated 17 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11. Exhibit D. Letter, Applicant, dated 11 Sep 11, w/atchs. Panel Chair