RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00511

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO	 

APPLICANT’S REQUEST

Her date of rank (DOR) for promotion to the grade of major (O-4) be 2017, instead of 3 Jul 19.  

APPLICANT’S CONTENTIONS

She graduated from medical school and was promoted to the grade of captain (O-3) in May 11.  She completed an active duty residency in general surgery from 2011 to 2016.  A civilian fellowship in plastic and reconstructive surgery followed from 2016 to 2019.  Based on her promotion to the grade of captain, she should have been promoted to major in 2017.  However, since she completed a deferred civilian fellowship, it delayed her promotion to the grade of major.  She should be meeting her lieutenant colonel (O-5) promotion board this year but will not be eligible to meet the board based on the incorrect DOR.  All of her classmates who graduated from medical school in 2011 will be meeting the lieutenant colonel promotion board in 2022.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 21 May 11, the applicant entered a period of active duty in the Regular Air Force.  

On 16 Jan 15, the applicant was notified she was selected for training in general plastic surgery from 1 Jul 16 to 30 Jun 19.  The training would be in a re-deferred status.  The applicant would be separated from active duty to complete the program, and then return to active duty.  

On 30 Jun 16, the applicant was honorably discharged in the grade of captain from the Regular Air Force.  

On 1 Jul 16, the applicant was commissioned in the Air Force Reserve in the grade of captain with a DOR of 21 May 11.

On 2 Jul 19, upon completion of her training, the applicant was ordered to extended active duty (EAD) in the Regular Air Force.

Based on the applicant’s constructive service credit (CSC), her DOR for the grade of major was computed as 3 Jul 19.  

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

AIR FORCE EVALUATION

ARPC/PB recommends denial for DOR correction to 21 May 17; however, recommends her DOR be corrected to 21 May 18 based on the Air Force Reserve DOR requirement for transfer from the active duty list (ADL) to the Reserve Active Status List (RASL).

The applicant was on active duty when selected for promotion to major by the CY15 Major Line of the Air Force (LAF) Central Selection Board (CSB), which convened on 31 Aug 15.  The board was approved on 20 Nov 15.  Per AFI 36-2501, Officer Promotions and Selective Continuation, her DOR would have been calculated to 21 May 17, six years’ time in grade (TIG).  The applicant separated from active duty before the active duty promotion consummated, and was transferred to the Reserve Obligated Reserve Section.  

In accordance with 10 U.S.C. § 1431 and AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, paragraph 6.4, any officer selected for promotion to a higher grade, who transfers from the ADL to the RASL of the same armed force, will receive their promotion provided the officer remains in the same competitive category.  AFI 36-2504, Table 5.2, Rule 13, states that transfers from the ADL to the RASL, with a pending ADL promotion, the DOR will be calculated using the current (as of the date of the transfer) Reserve in the promotion zone (IPZ) eligibility criteria.

ARPC was not made aware of the applicant’s projected ADL promotion when she transferred to the Air Force Reserve on 1 Jul 16 and the projected ADL promotion did not transfer.  Had the ADL promotion transferred, her DOR would have been established as 21 May 18, based on the Air Force Reserve requirement for seven year’s TIG (DOR for captain was 21 May 11).  

The applicant was promoted to major by the CY19 Non-Participating Reserve (NPR) Promotion Selection Board, with projected DOR 1 Oct 19.  On 6 Jul 19, she transferred back to the Regular Air Force before the consummation of her promotion.  Once on active duty, AFPC accomplished a CSC and established her DOR to 3 Jul 19.

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 18 Aug 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/PB and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant has provided evidence to show she was selected for promotion to the grade of major while on active duty.  However, her projected promotion was not considered when transferred to the Air Force Reserve as required in accordance with AFI 36-2504, which is sufficient to justify correcting the applicant’s DOR and effective date for promotion to the grade of major to 21 May 18.  The Board notes the applicant requests her DOR be changed to 2017; however, based on the time in grade criteria in AFI 36-2501, the Board finds the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  The Board further notes upon the applicant’s correction of her DOR and effective date for promotion to major while in the Air Force Reserve, her records will be re-evaluated by AFPC for any appropriate corrections to her active duty records.  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 her date of rank (DOR) and effective date for promotion to the grade of major is 21 May 18, instead of 3 Jul 19.  

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-2021-00511 in Executive Session on 28 Sep 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 8 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, w/atchs, dated 9 Aug 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 Aug 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.