RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02302
                                        INDEX CODE:  100.03
  XXXXXXXXXXXXXXXXXXXX            COUNSEL:  NONE

                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  26 January 2009


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Effective Date of Change of  Strength  Accountability  (EDCSA)  date  be
changed from 15 January 2006 to 13 February 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His EDCSA date of 15 January 2006 placed him at  a  tremendous  disadvantage
going into the 12 February 2007 major’s board.  With an Officer  Performance
Report (OPR) showing less than twelve months of active Reserve duty  sitting
on top of his promotion folder, his fate was sealed to  be  passed  over  at
his second and last chance as a Reserve officer.   If  his  EDCSA  date  was
13 February 2006 or later, he would not have been eligible for  the  major’s
board until February 2008.  This would have allowed him two current OPRs  to
sit on top of his promotion folder, providing an  opportunity  for  one  OPR
with twelve months of active duty credentials to be reviewed by  the  board.
It also would have allowed more time for him to  qualify  for  an  award  or
decoration, thus helping his selection.  The change of his  EDCSA  date  and
the additional time before meeting the major’s board would  be  a  fair  and
important factor in putting him on a more equal footing with  his  peers  to
compete for promotion.  It is important to note that his first  nonselection
for promotion in March 1997 occurred more than two years after he  separated
from active duty in September 1994 and while  on  inactive  Reserve  status.
Therefore, he only had one current OPR in his  promotion  record  subsequent
to his 12-year break in service.  An Air  Reserve  Personnel  Center  (ARPC)
post board “Request for Consult” revealed he had one great  OPR  on  top  of
his promotion folder, but not enough of them.

In support of his application, the applicant submits a  personal  statement;
Reserve assignment order;  Record  of  Inactive  Duty  Training;  electronic
correspondence from AFRL/DPMD; letter of support from his Senior  Individual
Mobilization Augmentee, and a resume.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Other than those submitted by the applicant, his military personnel  records
were  not  available  for  review.   However,  according  to  the   Military
Personnel Database (MilPDS), the applicant accumulated ten years  of  active
duty between 30 May 1984 and 29 May 1994 and was promoted to  the  grade  of
captain  effective  30 May  1988.   In  October  1994  the   applicant   was
transferred to the Inactive Reserve.  Following  a  break  in  service  from
October 1994 to March 2006, the applicant was voluntarily  transferred  from
Inactive Reserve to Headquarters Air Force Research Lab (AFRL) effective  15
January 2006 in the grade of captain with a date of  rank  of  13  September
1996.

The remaining relevant facts are included in the  Air  Force  evaluation  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends denial of the applicant  request  to  change  his  EDCSA
date.  DPA states the applicant was non-selected for promotion to  major  in
March 1997 (Fiscal Year 1998)  while  assigned  to  the  Non-Obligated  Non-
Participating Ready Reserve Personnel Section (NNRPS).  He was  assigned  to
the Inactive Status List Reserve Section (ISLRS) for nine years  because  he
received a voluntary separation incentive and incurred a service  commitment
until 2015.  The  applicant  submitted  an  application  for  Ready  Reserve
assignment to an AFR recruiter on 9 November 2005  for  an  assignment  with
the AFRL, Wright-Patterson  Air  Force  Base,  Ohio.   The  application  was
approved by the Headquarters Air  Force  Material  Command  Reserve  Program
Manager on 3 January 2006 and forwarded to ARPC for processing on 4  January
2006.  The requested effective date of assignment was 15 January 2006.

On 4 January 2006, ARPC processed the assignment request and updated  MilPDS
with an EDCSA date of  15  January  2006.   Assignment  Order  DA-01110  was
published on 22 February 2006.

DPA states the applicant met the major’s promotion board  in  February  2007
(Fiscal Year 2008) in which he  was  not  selected  for  promotion.   On  30
September 2007, the applicant was  reassigned  back  to  ISLRS  due  to  his
second non-selection for  promotion  to  major.   He  cannot  be  discharged
without having to pay back all of the  separation  incentive  money  he  had
received.

DPA does not support the applicant’s request to change his EDCSA date to  13
February 2006.  His assignment was processed in accordance  with  Air  Force
Instruction 36-2115, Assignments within the  Reserve  Components,  with  the
EDCSA date indicated on the
application as requested by  the  applicant  and  approved  by  the  Reserve
Program Manager.

The ARPC/DPA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the Air Force evaluation fails to  address  that  while
his orders may have been published  on  22  February  2006,  it  took  three
separate inquiries on his part before ARPC finally  faxed  him  his  orders.
He did not receive his orders until 3 March 2006.  In addition, he  did  not
request an EDCSA date of  15  January  2006  as  the  Air  Force  evaluation
indicates.

The applicant’s rebuttal, with attachment, is at Exhibit E.

Subsequent to the Air Force evaluation, the applicant’s  rater  submitted  a
letter of support under separate cover (see Exhibit F).  In his letter,  the
rater states when he and the  applicant  was  notified  that  the  applicant
would be meeting the major’s board in early February; they both  thought  it
was his first opportunity to meet the major’s board.   They later found  out
it was the applicant’s second time his records met the major’s board.

The  rater  believes  that  the  applicant  has  not  been  given  an  equal
opportunity to show the outstanding contributions he has  made  to  the  Air
Force.

The rater’s letter is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice with respect to the applicant’s EDCSA  date.
 After reviewing the evidence of record, we are persuaded that  some  relief
is warranted.  We note that the processing of the applicant  accession  into
his  current  Reserve  position  was  in  accordance  with  the   applicable
instruction.  However, it appears  the  length  of  time  it  took  ARPC  to
provide the applicant a copy of his assignment  orders  so  he  could  begin
training was unreasonably excessive.  In view of all  the  circumstances  of
this case, we believe an injustice has occurred which  should  be  corrected
in the applicant’s favor.   We  believe  he  will  be  afforded  proper  and
fitting  relief  by  changing  his  EDCSA  date  to  the   date   requested.
Therefore, it  is  our  opinion  his  record  should  be  corrected  in  the
following manner.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that his  Effective  Date  of  Change  of
Strength Accountability date was established as 13 February 2006  versus  15
January 2006.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 October 2007, under the provisions of AFI 36-2603:

            Mr. John B. Hennessey, Panel Chair
            Ms. Dee R. Reardon, Member
            Mr. Jeffery R. Shelton, Member


All members voted to correct the record as  recommended.   The  following
documentary evidence for Docket Number BC-2007-02302 was considered:

      Exhibit A.  DD Form 149, dated 7 Jul 07, w/atchment.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPA, dated 17 Aug 07.
      Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.
      Exhibit E.  Applicant’s Rebuttal, dated 25 Sep 07.
      Exhibit F.  Letter, AFRL/PRF dated 2 Oct 07.




                                  JOHN B. HENNESSEY
                                                   Panel Chair


AFBCMR BC-2007-02302




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that his Effective
Date of Change of Strength Accountability date was established as 13
February 2006 versus 15 January 2006.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency