RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02766

XXXXXXXXXXXXX	COUNSEL: NONE	 

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His retired grade be changed from captain (O-3) to major (O-4).

In the alternative, he be returned to Reserve status in the grade of major with constructive service credit (CSC).  

APPLICANT’S CONTENTIONS

His Reserve unit was downsizing and he retired.  He was not made aware his promotion board for the grade of major would have taken place in four months if he had opted to transfer to the Ready Reserve or another component.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve captain (O-3).   

He was promoted to the grade of captain with date of rank (DOR) and effective date of promotion of 12 Sep 02.  

On 10 May 07, the applicant was notified of his eligibility for retired pay at age 60.

On 15 May 07, he was placed on the Retired Reserve List in the grade of captain, eligible for retired pay except for attainment of age 60.  

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

AIR FORCE EVALUATION

ARPC/DPTT recommends denial for retired grade of major.   The applicant never held the grade of major.  He was promoted to the grade of captain effective 12 Sep 02.  He applied for transfer to the Reserve Retired List effective 31 Oct 07, with his highest grade held being captain.  

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 16 Apr 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence does not substantiate the applicant’s contention he should be retired in the grade of major.  Moreover, the Board finds insufficient evidence to award CSC and reinstate the applicant into the Air Force Reserve in the grade of major.   In this respect, the applicant has provided no evidence he was awarded CSC for the grade of major or that there was an error or injustice with his transfer to the Retired Reserve List in the grade of captain.   The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-02766 in Executive Session on 19 May 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 12 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Apr 21.

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.