RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03044

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

1.  He be granted a waiver of the six month requirement for the Career Intermission Program (CIP) to be considered for promotion to major (O-4) for the CY21D Major (LAF) Central Selection Board (CSB).

2.  He be considered for promotion to the grade of major (O-4) by a special selection board (SSB). 

APPLICANT’S CONTENTIONS

He is a captain (O-3) in the 2012 year group (YG), and was prepared to meet the 2020 Major promotion board when he separated from active duty and entered the CIP on 1 Oct 20.  On 23 Aug 21, the applicant returned to active duty from the Individual Ready Reserve (IRR).  AFI 36-2008, paragraph 4.4.3 states, “Upon return to AD an officer and enlisted member’s date of rank is adjusted by the number of days of participation in CIP.”  The applicant’s DOR was adjusted accordingly thus rendering him ineligible for the CY21D Major (LAF) CSB as a 2013 YG captain (O-3).  He contends the six month promotion board ineligibility window associated with his return to active duty will impact his future career development and opportunities, because it prevents him from meeting the same promotion board as his YG peers.  The applicant notes that AFI 36-3008, paragraph 4.3.2. states, “CIP members shall be ineligible for promotion consideration from the date of release from RegAF through the period of participation in the program, until return to RegAF.”  The applicant is requesting to waive the six month ineligibility window because the AFI does not identify the ineligibility window for officer promotions when members return to active duty.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force captain (O-3).

On 30 Sep 20, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant separated with eight years, four months, and eight days of active service.

On 1 Oct 20, according to Special Order XX-XXXX, dated 2 Oct 20, the applicant was appointed to the Individual Ready Reserve as a CIP participant.

On 23 Aug 21, according to Special Order XXX-XXX, dated 25 May 21, the applicant was voluntarily ordered to Extended Active Duty, in the grade of captain.   

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 applicant’s 6-month waiver request.  The CIP provides Airmen the opportunity for a one-time temporary transition from active duty to the Individual Ready Reserve to meet professional or personal needs outside the service while providing a mechanism for seamless return to active duty.  All applicants for CIP are required to sign and submit the “Career Intermission Program Individual Ready Reserve Agreement” that outlines 36 different conditions that the applicant must individually initial to acknowledge their understanding; two of these include:  (1) I understand upon return to active duty, my DOR will be adjusted by the number of days of participation in CIP and, (2) I understand I will be ineligible for promotion consideration from the date of release from active duty to participate in CIP, through the period of CIP participation, until return to active duty.  I understand I must been on EAD at least 6 consecutive months immediately before the central selection board’s convening date before I am eligible to meet a selection board.  

The applicant’s date of rank (DOR) adjusted to 15 Apr 17 and his extended active duty (EAD) date changed to 23 Aug 21, when he returned to active duty on 23 Aug 21.  With the updated EAD, the applicant is ineligible to meet the CY21D Major CSB, which requires an EAD of 30 May 21 or earlier.  The applicant previously acknowledged that he understood he had to have 6 months of EAD prior to a board convening date as a condition of his CIP approval.  

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 30 Nov 21 for comment (Exhibit D), but has received no response.

The applicant’s complete response is at Exhibit E.

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 not 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 does not substantiate the applicant’s contentions.  Since the 6-month waiver request is denied, favorable consideration of the applicant’s request for SSB to the grade of major is not warranted.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant other avenues of administrative relief remain available, and the Board will reconsider the application only upon receipt of documentary evidence that such relief has been exhausted.

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-2021-03044 in Executive Session on 1 Feb 22:

, 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 10 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SP, dated 29 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 30 Nov 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.