RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03210

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record be corrected to remove his erroneous discharge, correct his date of rank (DOR), and provide him with a supplemental promotion board to the grade of lieutenant colonel (0-5). 

APPLICANT’S CONTENTIONS

He was commissioned as a medical officer in the Air Force Reserve (AFR) in 2013 and given a 4 Dec 12 DOR in the grade of major (O-4).  With his commission, he committed to an eight year military service obligation (MSO), with the first three years in the Ready Reserve, followed by an additional five years in the Inactive Ready Reserve (IRR) assigned to the Obligated Reserve Section.  However, after he completed his first three years he was mistakenly assigned to the Non-Obligated Non-Participating Reserve Personnel Section (NNRPS).  Because of this error he was erroneously discharged on 5 Jun 18 prior to his MSO end date of 6 Jan 20.   The error has forced him to re-commission with a new DOR of 23 Feb 15, effected his various service dates, and has subsequently precluded him from promotion to lieutenant colonel (O-5).  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an AFR major (O-4).  
 
On 7 Jan 13, according to Appointment Order PA-00229, the applicant was appointed as a major (O-4) in the Air Force Ready Reserve and assigned to the 439th Aero Medical Squadron (AMDS). According to the order, he was given a DOR of 4 Dec 12, a Total Year Service Date (TYSD) of 3 Dec 11 and a Total Federal Commissioned Service Date (TFSCD) of 7 Jan 13.

On 1 Feb 16, Reserve Order A-064, shows that the applicant was relieved from the 439th AMDS and reassigned to HQ ARPC XXXX, XX with PAS code XXXX.

On 23 Jan 18, a memorandum from the Air Force Reserve Personnel Center, indicates the applicant was assigned to NNRPS of the IRR and would be administratively discharged from his commission in the AFR.  

On 23 Jul 20, according to Appointment Order PA-00945, provided by the applicant, he was reappointed as a major (O-4) in the Air Force Selected Reserve.  According to the order, he was given a new DOR of 23 Feb 15, a TYSD of 25 Feb 15 and a TFSCD of 25 Feb 15.

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

AIR FORCE EVALUATION

ARPC/DPAM, recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice. The applicant entered the military on 7 Jan 13 as a medical officer in the grade of major (O-4) and his MSO was established as 6 Jan 21.  On 6 Jun 16, the applicant was erroneously transferred to NNRPS of the IRR assigned to Personnel Accounting Symbol (PAS)-XXXX.  However, because he still had a remaining MSO, he should have been assigned to the Obligated Reserve Section-RA (ORS-RA)-PAS: XXXX until his MSO expired or he joined another participating unit.  Due to this error in reassignment, the applicant was erroneously discharged two years later.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Jan 21 for comment (Exhibit D), but has received no response.

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 error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPAM and finds a preponderance of the evidence substantiates the applicant’s contentions.   Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

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

1.  His assignment history be updated to cancel the Reserve separation action and his record reflect that he was assigned to Obligated Reserve Section starting on 6 June 2016 and ending on 22 July 2020.   

2.  Order PA-00945, dated 30 August 2020 be rescinded.

3.  His service dates be corrected to reflect a Date of Rank (DOR) of 4 December 2012, a Pay Date of 7 January 2013, a Total Federal Commissioned Service Date (TFCSD) of 7 January 2013, and a Total Years Service Date (TYSD) of 3 December 2011.

4. He be eligible for promotion consideration by the Calendar Year (CY) 2019 Non-Line Lieutenant Colonel Promotion Board, which convened on 10 June 2019. 

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-2020-03210 in Executive Session on 14 Apr 21:

, 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 14 Nov 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAM, w/atch, dated 15 Dec 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Jan 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.