RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01315

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

1.  He be awarded active duty (AD) participation points and back pay for the period 1 Oct 16 to 10 Jan 20. 

2.  In the alternative, he be awarded pay/points for the period 1 Oct 16 through 30 Sep 17, which is the remainder of his AGR order (Special Order A-029, dated 24 Sep 14) and participation points to attain satisfactory service or the period 1 Oct 17 to 10 Jan 20.

APPLICANT’S CONTENTIONS

A previous Board [Docket Number BC-2017-00421] directed the Air Reserve Personnel Center (ARPC) convene a special selection board (SSB).  However, the directive did not address issues he would encounter because of his selection to major (O-4).  On 1 Oct 16, he was discharged for failure to promote.  On 24 Jun 19, the discharge was found to be an injustice and he was promoted effective 1 Oct 16, the date of his discharge.  On 2 Jul 19, he was notified of his promotion.  Before his wrongful discharge, he intended to remain an AGR until retirement.  ARPC initially placed him into his old AGR billet, which prevented him from participation since an AGR could not attain TR orders.  He was finally placed into a TR billet and able to participate on 10 Jan 20.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a major (O-4) in the Air Force Reserve.  

On 8 Apr 16, according to an ARPC/DPT memorandum, the applicant was notified he was being discharged due to his second promotion deferral to major and his mandatory separation date was adjusted to 1 Oct 16.

On 1 Oct 16, per Reserve Order CB-092, dated 29 Sep 16, the applicant was honorably discharged from the Air Force Reserve.

On 7 Feb 17, the applicant applied to the Board and requested his Article 15 be removed from his Officer Selection Record (OSR); his referral officer performance report (OPR) be removed from his record; and he receive SSB consideration for promotion to major.  

On 27 Mar 18, the Board considered and partially granted his requests.  The Board found the evidence insufficient to warrant removal of the referral OPR.  The Board; however, directed the applicant be considered by an SSB for calendar year 2016 after finding the Article 15 remained in his OSR due to an administrative error.  

On 24 Jun 19, according to Reserve Order ROBA-0539, the applicant was promoted to major, with a date of rank and effective date of 1 Oct 16.

On 23 Sep 19, according to Reserve Order CB-156, the applicant’s discharge from the Air Force Reserve on 1 Oct 16, was revoked.

According to the applicant’s ANG/USAFR Point Credit Summary Inquiry (PCARS), he currently has 14 years of satisfactory service.  In addition, he was credited with the following Active Duty (AD), Inactive Duty for Training (IDT), Membership (MBR), Extension Course Institute (ECI), and Retirement points for the period in question:

Retirement/Retention Year	AD	IDT	MBR	ECI	Retirement	Satisfactory Service (Year)	
14 May 16-13 May 17	140	0	15	0	155	010000	
14 May 17-13 May 18	0	0	15	0	15	000000	
14 May 18-13 May 19	0	0	15	0	15	000000	
14 May 19-13 May 20	0	50	15	0	65	010000	

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant was honorably discharged effective 1 Oct 16 and did not participate during the time requested (1 Oct 16 to 10 Jan 20).  In accordance with Air Force Manual 36-2136, Reserve Personnel Participation, points may only be credited to the date a reservist actually performed duty.

The complete advisory opinion, with attachments, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 19 May 20 for comment (Exhibit D), and the applicant replied on 29 May 20.  In his response, the applicant reiterated that he was unjustly discharged, and as such was not allowed to participate, depriving him of obtaining his last year of AGR points/pay and participation as a TR.  Subsequently, this cost him an active duty retirement.  Furthermore, he has a significant gap in performance reports, which may affect future promotions.  The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  While the Board notes the recommendation of ARPC/DPTS against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the Board notes the applicant was previously discharged from the Air Force Reserve.  However, following a Board directed SSB, the applicant was promoted to major and his discharge was ultimately revoked.  While the Board does not find an error in this case, the lengthy time it took to process his SSB and ultimate revocation of his discharge did prevent him from performing IDT during the period in question.  Given that the applicant was ultimately returned to duty, the Board is of the opinion that he should not be penalized because of his inability to fulfill IDT requirements during the period in question due to circumstances beyond his control.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show:

	a. He was credited with an additional 35 non-paid Inactive Duty Training (IDT) points for retirement/retention  (R/R) year 14 May 17 to 13 May 18,  resulting in 50 total points and a satisfactory year of federal service.

	b. He was credited with an additional 35 non-paid IDT points for R/R year 14 May 18 to 13 May 19, resulting in 50 total points and a satisfactory year of federal service.
 
However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-01315 in Executive Session on 22 Oct 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 8 May 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 May 20.
Exhibit E:	Applicant’s response, dated 29 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.