ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 93-02678
INDEX NUMBER: 111.01, 111.05
COUNSEL: GEORGE E. DAY
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
The AFBCMR’s findings of 7 October 1996 ordering him to Extended
Active Duty (EAD) and Undergraduate Pilot Training (UPT) be amended to
include direction that his date of rank (DOR) to the grade of captain
be adjusted to 15 March 1995, rather than 4 January 1992, and that the
Education/Training Report, rendered for the period 2 July 1988 through
12 April 1989, be removed from his records.
By letter dated 3 June 1999, the applicant withdrew his request that
his DOR to the grade of captain be changed (Exhibit K).
___________________________________________________________________
APPLICANT CONTENDS THAT:
Through counsel, applicant contends that upon reentering active duty
his DOR to captain was automatically adjusted from 25 June 1989 to 4
January 1992. This adjustment placed him in the 1988 year group which
was scheduled to meet a primary promotion board for major on 8 March
1999. In addition to the difficulty presented by his adjusted DOR, he
has to contend with two substantial gaps in his evaluation record.
First, the AFBCMR, by deciding in his favor and reinstating him to
pilot training, invalidated the original April 1989 training report
from pilot training which spanned nine months and ten days. Second,
his last OPR was closed out 12 April 1992, eight months and 19 days
before he separated. Unlike his peers, he will have no documented
performance for a gap of nearly five years.
He is also at a disadvantage with respect to the number of
opportunities to meet a promotion board for major. Under current Air
Force policy a captain has two opportunities at a below the promotion
zone (BPZ) promotion prior to his primary board. Unlike most of his
peers, he was ineligible for his two year BPZ board due to Air Force
policy requiring at least six months of active duty before meeting a
promotion board.
He reported to his first flying assignment senior in grade by virtue
of time accrued while separated from the Air Force. It is not hard to
see that a senior captain pilot fresh from pilot training with
virtually no flying experience and no service record for the previous
five years faces an unfair burden that none of his peers have to bear.
Without flying experience he cannot compete for the positions of
leadership necessary to display the potential for advancement in the
rated career field.
Counsel’s complete statement and documentation associated with the
computation of applicant’s adjusted DOR are at Exhibit G.
___________________________________________________________________
STATEMENT OF FACTS:
A chronology of applicant’s service history prior the events under
review is contained in the statement of facts section on the original
record of proceedings. Therefore, they will not be recited in this
Addendum to the Record of Proceedings.
In its previous decision, the Board recommended that the applicant be
ordered to extended active duty to be entered into Undergraduate Pilot
Training (UPT) in the earliest possible class and, provided he
successfully completed UPT, that he be continued on extended active
duty for an indefinite period. (See Record of Proceedings, with
Exhibits A through F.)
On 22 March 1997, applicant entered active duty in the Reserve grade
of captain. He had 3 years, 6 months, and 6 days of previous active
duty commissioned service in the grade of captain, and 1 year, 8
months, and 12 days of inactive commissioned service in the grade of
captain, for a total creditable service credit of 5 years, 2 months,
and 18 days. This time was subtracted from the EAD of 22 March 1997
to arrive at an adjusted DOR of 4 January 1992.
A resume of applicant’s OER/OPR profile follows:
PERIOD CLOSING OVERALL EVALUATION
31 Mar 86 1-1-X
30 Sep 86 1-1-1
31 Mar 87 1-1-1
31 Dec 87 1-1-1 (w/LOE)
1 Jul 88 1-1-1
* 12 Apr 89 Education/Training Report (TR)
12 Apr 90 Meets Standards (MS)
12 Apr 91 MS
12 Apr 92 MS
13 Apr 92 - 21 Mar 97 - No report available. Report not
required according to AFI 36-2402.
10 Apr 98 TR
* Contested training report.
The applicant was considered and selected for promotion by the CY99
Central Major Selection Board.
___________________________________________________________________
AIR FORCE EVALUATION:
The Line Officer Procurement Branch, AFPC/DPPAOR, reviewed this
application and stated that at the time applicant entered on active
duty on 22 May 1997, his date of rank was computed in accordance with
the existing regulations. (Exhibit H)
The Appeals and SSB Branch, AFPC/DPPPA, reviewed this application and,
based on the AFBCMR’s previous decision of 7 October 1996, did not
object to removal of the contested training report from the
applicant’s record and insertion of an AF Form 77 in place of the
voided report. (Exhibit I)
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant’s
counsel on 25 January 1999 for review and comment within 30 days
(Exhibit J). As of this date, no response has been received by this
office.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
In view of the Board’s earlier determination, which essentially
invalidated the applicant’s 12 April 1989 disenrollment from
Undergraduate Pilot Training, we find that it would be an injustice
for the contested training report to remain in the applicant’s
records. Accordingly, we recommend that the records be corrected as
indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the AF Form 475,
Education/Training Report, rendered for the period 2 July 1988 through
12 April 1989, be declared void and removed from his records.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 22 April and 9 July 1999, under the provisions of
AFI 36-2603:
Mr. Henry Romo Jr., Panel Chair
Mr. Steven A. Shaw, Member
Mr. Timothy A. Beyland, Member
The following additional documentary evidence was considered:
Exhibit G. Letter from Counsel, dated 8 Aug 98, w/atchs.
Exhibit H. Letter, AFPC/DPPAOR, dated 22 Dec 98, w/atch.
Exhibit I. Letter, AFPC/DPPPA, dated 5 Jan 99.
Exhibit J. Letter, SAF/MIBR, dated 25 Jan 99.
Exhibit K. Letter from Applicant, dated 3 Jun 99.
HENRY ROMO JR.
Panel Chair
AFBCMR 93-02678
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to [applicant], be corrected to show that the AF Form 475,
Education/Training Report, rendered for the period 2 July 1988 through 12
April 1989, be, and hereby is, declared void and removed from his
records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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