RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04448 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. His Retention/Retirement (R/R) Year anniversary be adjusted to 1 February or any date prior to 1 March that the Board finds reasonable. 2. In the alternative, he be promoted to the grade of lieutenant colonel so that he may continue to serve beyond 20 years. ________________________________________________________________ THE APPLICANT CONTENDS THAT: His R/R anniversary was set to 15 May due to an excessive delay in processing his gaining orders for his Reserve assignment with the Civil Air Patrol (CAP-USAF). This R/R date is going to force him out with only 18 years’ worth of credit before he becomes retirement eligible at 20 years. Although the delay occurred in 2007, he only became aware that his experience was neither normal nor in accordance with the regulations. Also, this issue only became an injustice after the most recent promotions board results were released on 10 August 2012. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 15 August 2002 separation and email correspondence. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was released from active duty, 15 August 2002, and transferred to the Air Force Reserve, without a break-in- service. Upon his assignment to a Reserve unit, effective 15 May 2007 his R/R anniversary was established as 15 May. He has completed 17 years of satisfactory Federal Service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFRC/A1K recommends approval of the request for adjustment to his R/R date, stating, in part, that the applicant’s Effective Date Strength Change Accountability (EDCSA), along with his R/R date should be established as 5 January 2007, 30 days from recruiter endorsement of the AF FM 1288, Application for Ready Reserve Assignment action on 5 December 2006. However, they recommend disapproval of his request for promotion. A1K notes, in accordance with AFI 36-2115, Assignments within the Reserve Component, paragraph 1.8.1.6, which states, in part, to ensure timely processing, a 30-calendar day timeline has been established for the interview and approval/disapproval process of reserve assignment actions. With this in mind, the applicant signed the AF Form 1288, on 4 December 2006, the recruiter indorsed it on 5 December 2006. However, the Air University Program Manager did not approve the assignment action until 12 April 2007, subsequently establishing his EDSCA date as 15 May 2007. The complete A1K evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 January 2013 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action in regard to promotion to the grade of lieutenant colonel. We took notice of the applicant’s complete submission in judging the merits of the case; however, we did not find that the applicant has provided substantial evidence that he has been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this portion of his application. 4. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting a change to the applicant’s Retention/Retirement year anniversary. The Air Force Reserve office of primary responsibility has adequately addressed the issue presented by the applicant and we are in agreement with its recommendation to grant the requested relief. Accordingly, we recommend the applicant’s record be corrected as indicated below. 5. 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his Retention/Retirement Year anniversary was established as 5 January 2007. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04448 in Executive Session on 2 July 2013, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Sep 12, w/atchs. Exhibit B. Letter, AFRC/A1K, dated 20 Dec 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 11 Jan 13.