RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03759 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His official records be corrected to show he was not released from active duty. 2. He be given the opportunity to create a competitive package for promotion. ________________________________________________________________ APPLICANT CONTENDS THAT: He was selected for retention by the L0211E Reduction-in-Force (RIF) Special Selection Board. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. Therefore, there is no need to recite these facts in this record of proceedings. ________________________________________________________________ AIR FORCE EVALUATION: APFC/DPSOO recommends approval. The applicant met and was nonselected for retention by the Calendar Year (CY) 11E RIF Board which convened on 19 Sep 11, and was separated from active duty on 1 Mar 12. Based upon a correction to his records, he met the L0211E Reduction-in-Force (RIF) Special Selection Board and was selected for retention. Based upon the applicant’s date of rank (DOR) of 28 May 07, he would have been eligible for the CY11D Major Central Selection Board (CSB) which convened on 5 Dec 11. The applicant was ineligible for promotion based upon his date of separation of 1 Mar 12. If the applicant is returned to active duty he will meet the CY14 Major CSB as an in-the-zone eligible. We recommend any nonselections for promotion to the grade of major prior to receiving two Officer Performance Reports (OPRs) with at least 250 days of supervision after returning to active duty, in the grade of captain, be set aside. A complete copy of the AFPC/DPSOO evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 Dec 12 for review and comment within 30 days. As of this date, no response has been received by this office (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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant’s request be granted. While we note the recommendation by AFPC/DPSOO that any nonselections for promotion to the grade of major prior to the applicant receiving two Officer Performance Reports (OPRs) after returning to active duty be set aside, be believe it more appropriate to set aside any nonselections for promotion to the grade prior to the applicant having three OPRs after returning to active duty. Therefore, we recommend his records be corrected as indicate 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. He was not released from active duty on 1 March 2012, but on that date continued to serve on extended active duty and was ordered permanent change of station (PCS) to his home of record or home of selection pending further orders. b. Any nonselections for promotion to the grade of major prior to his having three Officer Performance Reports (OPRs) on file closing out after 1 March 2012, each with a minimum of 250 days of supervision in the grade of captain, will be set aside. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03759 in Executive Session on 9 Apr 12, 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 20 Aug 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOO, dated 20 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.