RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00361

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Return him to active duty (AD), and correct his records to show his current grade of lieutenant colonel (O-5).  

APPLICANT’S CONTENTIONS

He was twice non-selected for promotion to O-5, and forced to retire from AF due to high-year tenure.  Subsequent to his second non-selection, an erroneous Officer Performance Report (OPR) was removed, and replaced with a corrected OPR in his officer selection record (OSR).  His corrected record met a Special Selection Board (SSB) on 6 Jan 20, and he was selected for promotion to O-5, and therefore, he should not have been forced to retire 1 Mar 20.  He wants to return to AD at the earliest opportunity.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4).

On 13 Feb 19, the applicant was informed he was considered, but not selected for promotion by the CY18D Lieutenant Colonel (CHAP/LAF-J) Central Selection Board (CSB).  

On 3 Jun 19, the applicant was considered for promotion to O-5 by the CY19B Lieutenant Colonel (CHAP) P0519B CSB.  

On 9 Jul 19, the Evaluation Report Appeal Board (ERAB) approved the applicant’s request to remove and replace his erroneous 1 Mar 17 Officer Performance Report (OPR) with a corrected 1 Mar 17 OPR.   

On 5 Sep 19, according to documentation submitted by the applicant, he was informed he was considered, but not selected for promotion by the 3 Jun 19, CY19B Lieutenant Colonel (CHAP) P0519B CSB.  Since he was eligible for normal retirement (20 years TAFMS w/10 years TAFCS) and this was his second non-selection for promotion, the law requires he retire NLT 29 Feb 20.

On 2 Oct 19, AFPC/DP2SPP informed the applicant they were granting his request for Special Selection Board (SSB) consideration by the CY19B Lt Col (3 Jun 19) (P0519B) (LAF) (APZ) CSB, with inclusion of his corrected 1 Mar 17 OPR.  

On 6 Jan 20, according to documentation (letter) submitted by the applicant, he was selected for promotion to O-5 by the CY19B Lieutenant Colonel (CHAP) CSB SSB.  The letter further informed the applicant his promotion was not effective and he may not assume the new grade until the Senate confirms his promotion.    

On 29 Feb 20, the applicant was relieved from active duty, and retired effective 1 Mar 20, having served 22 years, 4 months, and 25 days of active service.  

On 21 Aug 20, according to AFPC/DP2SP, the Under Secretary of Defense (P&R) approved the applicant’s promotion to O-5.

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

AIR FORCE EVALUATION

AFPC/DP2SP, recommends granting the applicant reinstatement into the United States Air Force in the grade of major (O-4) with the projected promotion to O-5.  The applicant was non-selected to the grade of O-5 by the CY18D (15 Oct 18) (P0518D) In-the-Promotion Zone (IPZ) and CY19B (3 Jun 19) (P0519B) Above-the Promotion Zone (APZ) Lieutenant Colonel CSBs.  In accordance with (IAW) AFI 36-2501, Officer Promotions and Selective Continuation, he was forced to retire because of two non-selections for promotion to the grade of O-5, and reaching high-year tenure. 

The applicant filed a Case Management System (CMS) for an ERAB, to have his erroneous 1 Mar 17 OPR removed from his record, and replaced with a corrected 1 Mar 17 OPR.  The ERAB granted his request, replacing the erroneous 1 Mar 17 OPR with a corrected 1 Mar 17 OPR.  Based on the ERAB’s correction of the applicant’s records, a SSB for the CY19B Chaplain Lieutenant Colonel CSB was granted, and conducted on 6 Jan 20.  The SSB selected him for promotion to O-5.  On 21 Aug 20, the Under Secretary of Defense (P&R) approved the applicant’s promotion to O-5.   

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 3 Dec 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 AFPC/DP2SP and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the Board agrees with AFPC/DP2SP that the applicant should be reinstated into the United States Air Force in the grade of major with the projected promotion to lieutenant colonel.  However, for the remainder of the applicant’s request to correct his record to reflect his current grade of lieutenant colonel (0-5), the evidence presented did not demonstrate an error or injustice, and the Board finds no basis to grant this portion of the applicant’s request.  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 he was not discharged from the Air Force on 29 February 2020, and retired for Non-Selection, Permanent Promotion on 1 March 2020, but continued on active duty from his current residence pending further orders.  

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-2021-00361 in Executive Session on 10 Dec 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 15 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SP, dated 27 Jul 21
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Dec 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2021-00361, as required by AFI 36-2603, paragraph 4.11.9.