RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04739 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect his date of rank (DOR) to the grade of captain (O-3) as 23 March 2006, rather than 5 January 2004. _________________________________________________________________ APPLICANT CONTENDS THAT: He entered the Air Force Reserve in March 2006 and believed he had until 2013 to be selected for promotion to the grade of major (O- 4). He was unaware he would be considered for promotion to the grade of major in 2010 and 2011. He was not given a fair opportunity for promotion consideration to the grade of major. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force Reserve on 23 March 2006. He received 6 years, 2 months, and 18 days of constructive service credit. Four years of the credit was required for the grade of captain (O-3). As a result of his remaining 2 years, 2 months, and 18 days of constructive credit, his DOR in that grade was set at 5 January 2004. He was considered and not selected for promotion to the grade of major (O-4) by a special selection board (SSB) on 14 June 2010. He was again considered and not selected for promotion to major on 31 January 2011. Based on his two nonselections he was honorably discharged on 1 October 2011. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial noting there was no error in the timing of the applicant’s promotion consideration. Based on his two years of excess credit, his DOR for the grade of captain was established as 5 January 2004. As a result of his DOR, he was appropriately considered in-the-promotion-zone (IPZ) for the Calendar Year (CY) 2010 Line and Health Professions Major Promotion Board (and subsequent SSB) and above-the-promotion-zone for CY 11 Line and Health Professions Major Board. Having been nonselected for promotion by either board, he incurred a mandatory separation date (MSD) of 1 October 2011 and was discharged on that date. As for his claim he had no knowledge he was being considered for promotion, notification of the IPZ and APZ boards, and results of the SSB, were in the hands of the applicant’s servicing military personnel section. It cannot be determined whether the applicant received notification for the pending boards or the results of the SSB. The complete ARPC/DPB evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 January 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). _________________________________________________________________ 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 an error or an injustice. The applicant contends that he was not given a fair opportunity to compete for promotion because he was not made aware that he was being considered for promotion during the contested boards. After a thorough review of the evidence of record and the applicant’s complete submission, we believe he has been the victim of an injustice. We note the applicant’s dilemma was caused by the correct application of current policy; however, we believe the applicant has raised sufficient doubt as to whether or not he was made aware of the impact his constructive service had on his eligibility for promotion. However, while we believe any doubt in this matter should be resolved in favor of the applicant, we are not convinced the requested remedy in this case, adjusting the applicant’s date of rank, is appropriate as doing so may have unforeseen adverse consequences that could negatively affect his pay and/or future standing within his officer year group. Therefore, we believe that removing any non-selections for promotion from his records until he has had an opportunity to receive at least three officer performance reports in his current grade constitutes full and fitting relief in this case. Additionally, we find it appropriate to credit him with the pay and points required to ensure the period since his separation is creditable for retirement purposes. In arriving at the appropriate amount of credit to be awarded, we calculated the average of his participation during the five years preceding his original MSD. Therefore, we recommend that his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that: a. On 1 October 2011, he was not discharged from all appointments for being twice deferred for promotion, but on that date he continued to serve in an active status as a member of the Air Force Reserve. b. He be awarded an additional 4 unpaid active duty points, 40 paid inactive duty training (IDT) points, and 15 membership points for the retention/retirement (R/R) year 23 March 2011 through 22 March 2012, resulting in 59 total retirement points and one year of satisfactory Federal service for retirement. c. Any nonselections for promotion to the grade of major prior to receiving three Officer Performance Reports be removed from his records. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04739 in Executive Session on 5 Jun 12, under the provisions of AFI 36-2603: All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Apr 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPB, dated 30 Dec 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 6 Jan 12.