RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02534 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her date of rank (DOR) to captain (O-3) be corrected and, if applicable, she be promoted to major (O-4). ________________________________________________________________ APPLICANT CONTENDS THAT: Her date of promotion to captain is completely random and arbitrary. In May 2006, when she separated from active duty, her records reflected that she was completely separated rather than released to the Individual Ready Reserve (IRR). Her previous appeal to the Air Force Board for Correction of Military Records (AFBCMR) resulted in a correction in her records to reflect she was released to the IRR in the Obligated Reserve Section (ORS) (non-participating status). Subsequently, her records met three Special Selection Boards (SSB) for promotion to captain; however, it resulted in no change to her promotion effective date. The SSBs did not have grounds to prevent her from her promotion. Her performance documentation did show her non-completion of undergraduate pilot training and navigator training, but that alone is not grounds for withholding promotion. In support of her appeal, the applicant provides a personal statement and, copies of congressional inquiry documents, and her AFBCMR Docket Number BC-2009-03071 case file documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of captain with a date of rank of 1 April 2010. The remaining relevant facts extracted from the applicant’s official military service records, are contain in the evaluation by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/PB recommends denial. PB states the applicant asserts that when she joined the Air Force Reserve in 2007, the recruiter forgot to have her take the Oath of Office, which would have triggered her clock for promotion to captain. After she took her Oath, she was promoted to captain effective 1 April 2010. A previous AFBCMR action changed the applicant’s discharge to civilian status at the time of her release from active duty in May 2006, to a reassignment to the IRR in the ORS. Based on the removal of a civilian status (a break in service) and assignment to the ORS, Title 10, United States Code (USC), Section 14502, entitled her to SSB consideration in lieu of the missed promotion opportunities for Fiscal Year 2008 (FY08), FY09, and Calendar Year 2009 (CY09) Line and Nonline Nonparticipating Reserve Captain Promotion Process (W0308A, 1 May 2007; V0309A, 1 April 2008; and V0309C, 1 April 2009). From 2003 through today, a first lieutenant in the Reserve of the Air Force can be promoted to captain at the two-year point, provided the officer’s senior rater does not submit a fully justified “Do Not Promote” recommendation to the Office of the Secretary of the Air Force. The applicant was promoted by the CY09 Line and Nonline Participating Reserve Captain (2nd Half) Promotion Process (V0309D), the first promotion opportunity available after her return to a participating assignment. The applicant’s record was subsequently considered by three SSBs for promotion to captain with an earlier promotion effective date. However, she was found not fully qualified for promotion at each SSB. A review of her record reveals that at each SSB, her record contained only training reports documenting her non- completion of both undergraduate pilot training and navigator training. No other performance documentation was available. A “Do Not Promote” recommendation was not received for any of the SSB opportunities. Had the applicant not been wearing the grade of captain already, she would have had a projected Mandatory Separation Date (MSD) of 7 August 2010, for failure of being selected for promotion to the grade of captain. The complete PB evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: It appears something went wrong at the SSBs. She made captain on 1 April 2010 prior to the correction of her service dates. If the SSB sees the same “whole person” that the regular promotion board saw, then she doesn’t understand what the discrepancy is about. She is the same “whole person” now than she was then. She is aware that her records show she chose to leave navigator training in 2005. She now understands that she made a mistake. However, she was completely within the rules and did nothing wrong. The Air Force has already punished her for that crime when she separated from active duty. However, choosing not to complete training is not grounds for withholding a promotion. If there was a standard she did not meet, she wants to be told what that standard is so she can correct herself. The applicant’s compete rebuttal is at Exhibit E. __________________________________________________________________ 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We took note of the applicant’s assertion she should have been promoted to the grade of captain earlier; however, she has not provided evidence to establish that an error exists in her record or that an error occurred during the SSB process. Additionally, she has not provided evidence to show she was treated differently from other similarly situated members. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02534 in Executive Session on 27 February 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-02534: Exhibit A. DD Form 149, dated 21 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/PB, dated 11 Jun 13, w/atch. Exhibit E. Letter, SAF/MRBR, dated 21 Jun 13. Exhibit F. Letter, Applicant, dated 15 Jul 13. Panel Chair