RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02125

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She be considered for supplemental promotion consideration by the Calendar Year (CY) 2020D (7 December 2020) Maj Line of the Air Force – Space Operations (LAF-S) Central Selection Board (CSB).

APPLICANT’S CONTENTIONS

Due to transferring to the United States Space Force (USSF) prior to the start of the CY20D Major LAF-S CSB she is not being considered with her year group and is falling back a year since transferring into the USSF.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain (O-3).

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 denying the application.  The applicant became ineligible for the CY20D Major LAF-S due to transferring over to the USSF on 11 September 2020.  When members took the oath of office on 11 September 2020 it made them ineligible for the CY20D Maj LAF-S Promotion board as they are not in the USAF. 

The exception to policy memo the applicant references would only apply if the member was eligible to meet the CY20D Major LAF-S CSB and was selected for promotion to the grade of Major prior to transferring to Space Force. However, the applicant was not eligible for promotion under the CY20D Major LAF-S CSB due to transferring over to the USSF prior to the start of the CSB.
After a careful review of this application, we recommend the AFBCMR Deny the applicant’s request to be considered for promotion under the CY20D Major LAF-S as there was not a legal, admin or material error, missing in her record as she volunteered to transfer to the USSF.

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 6 July 2021 for comment (Exhibit D), but has received no response.

AMENDED AIR FORCE EVALUATION

AFPC/DP2SP recommends approving the application.  The FY20 NDAA Space Force Act Provision, Section 958 (b) (A) states, “a member of the Space Force shall be treated as a member of the Air Force for the purpose of the application of any provision of law, including provisions of law relating to pay, benefits, and retirement.”  Further, SAF/GCI previously highlighted, “if an officer has transferred but seeks an Air Force SSB because he or she was not considered at an original Air Force board or considered in an unfair manner, the officer should have an opportunity to meet an SSB as a matter of equity.  Allowing an SSB as a matter of equity and fairness is also arguably bolstered by the FY20 NDAA Space Force Act provision that a member of the Space Force shall be treated as an Air Force member under any provision of law.  DoDI 1300.04, however, would still be a barrier to consummating a favorable SSB result.  It would, thus, be necessary to obtain a USD(P&R) waiver for these type of cases before we start down the path of convening Air Force SSBs for officers who have already transferred to the Space Force.”

After a careful review of this application, and based on SAF/GCI assessment, we recommend the AFBCMR approve the applicant’s request to be considered for promotion on a SSB for the CY20D USAF Maj LAF-S board as a matter of equity and fairness.  

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 18 August 2021 for comment (Exhibit F), but has received no response.

AIR FORCE EVALUATION

USSF/S1 recommends approving the application.  The applicant was serving overseas in a joint assignment and apart from the majority of her peers and much of the day to day activity surrounding the stand-up of the new service.  She received, but did not open, two myPers messages regarding her transfer to Space Force, to include instructions to remain in the Air Force until after the Air Force promotion board.  Because the applicant did not open the myPers messages, she was unaware of the impact transferring to Space Force would have on her promotion eligibility.  In addition, the applicant met a Student Management Level Review and was given a Promotion Recommendation Form (PRF) from her senior rater, implying she remained eligible for the CY20D Maj LAF-S CSB.  Due to a delay at AFPC in processing transfer paperwork, the applicant was not updated in the Military Personnel Data System and determined to be ineligible for the CY20D Maj LAF-S CSB until 6 December 2020.

After a careful review, USSF/Sl recommends the record be  corrected in the Military Personnel Data System to reflect an entered active duty (EAD) date (i.e. the date the applicant was placed on the Space Force ADL) of 15 December 2020, making the applicant eligible for the CY20D Major LAF-S CSB. USSF/Sl also recommend the record be considered for promotion on a SSB for the Air Force CY20D Maj LAF-S board.

The complete advisory opinion is at Exhibit G.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 29 September 2021 for comment (Exhibit H), 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 amended advisory and USSF/S1 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:

a. She was not released from the active duty Air Force on 10 September 2020, but on that date, she continued to serve on active duty until 14 December 2020, on which date she tendered her resignation, was discharged from all Regular Air Force appointments, and was released from the active duty Air Force.  

b. On 15 December 2020, the applicant accepted an appointment as captain, United States Space Force and was ordered to active duty.  

c.  The corrected record to include the corrected service dates be considered for promotion to the grade of major (O-4) by a Special Selection Board for the Calendar Year 2020D Major Line of the Air Force – Space Operations Central Selection 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-2021-02125 in Executive Session on 10 August 2021 and 29 October 2021:

, 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 10 June 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SP, dated 6 July 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 July 2021.
Exhibit E:	Advisory Opinion, AFPC/DP2SP, dated 10 August 2021.
Exhibit F:	Notification of Advisory, SAF/MRBC to Applicant, dated 18 August 2021.
Exhibit G:	Advisory Opinion, USSF/S1, w/atchs, not dated.
Exhibit H:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 September 2021.

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.