RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03842
INDEX CODE: 131.03, 131.05
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His original date of rank (DOR) to captain of 26 June 2008 be honored.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was mistakenly left off of the Captain Promotion List when it was forwarded to the Secretary of the Air Force for approval. Air Reserve Personnel Center (ARPC) is aware of this, but is unable to grant his correct DOR of 26 June 2008 based on the date they accessed him.
He was involuntarily separated from the Regular Air Force on 29 September 2007 under Force Shaping and was immediately placed in the Individual Ready Reserve (IRR) Section of the Air Force Reserve (AFR). ARPC did not have any tracking or data pertaining to him until on or after 23 June 2008, and by then it was too late to put him on the Captain Promotion List in order for him to be promoted on his correct DOR of 26 June 2008. The best that ARPC can do for him after next year’s Special Selection Board (SSB) is to assign him a DOR of 1 October 2008.
Promotion to captain is automatic, occurring after four years of continuous service. He has completed all of the requirements to be promoted and has not received any negative feedback that would preclude him from being promoted on time.
In support of his appeal, the applicant provides copies of his Virtual MPF Promotion Information, dated 3 October 2008, which shows his DOR as a second lieutenant of 26 June 2004 and his DOR as a first lieutenant of 26 June 2006; his upgrade paperwork to prove he has done all that he is required to do in order to be promoted to captain; a witness statement from his previous supervisor; and Company Grade Officer Performance Reports (OPR) closing 15 August 2005, 20 March 2006, and 20 March 2007.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s DOR as a second lieutenant is 26 June 2004. At the time of his separation from the Regular Air Force on 29 September 2007, he was serving as a Maintenance Flight Commander in the grade of first lieutenant, with a DOR of 26 June 2006. The applicant was accessed by the AFR on 30 September 2007.
Applicant’s Officer Performance Report (OPR) profile follows:
PERIOD ENDING EVALUATION
15 Aug 2005 Meets Standards
20 Mar 2006 Meets Standards
20 Mar 2007 Meets Standards
Air Force Instruction (AFI) 36-2504, Officer Promotion, Continuation, and Selective Early Removal in the Reserve of the Air Force, Table 2.1, states that for AFR mandatory consideration for In-the-Primary-Zone (IPZ) promotion to the grade of captain, a member must have 2 years time-in-grade as a first lieutenant. Table 5.2, Rule 6, states that if an officer is selected for promotion Above-the-Primary-Zone (APZ), the DOR will be 1 October of the Fiscal Year (FY) of the promotion board.
________________________________________________________________
AIR FORCE EVALUATION:
Although the applicant may have further recourse through active duty officer promotion channels, ARPC/DPB recommends denial of his request as he was not an AFR asset when the Fiscal Year 2008 (FY08) AFR Captain Promotion board adjourned.
The applicant separated from active duty on 29 September 2007 and jointed the AFR on 30 September 2007. His name was not submitted with the active duty promotion list prior to his separation; therefore, he was not selected for promotion and did not have a DOR to be honored.
The FY08 AFR Captain Promotion process (V0308A) closed on 1 May 2007 (considered as board adjournment) and the results were publically released on 13 September 2007. The applicant was not an AFR asset on board adjournment and therefore could not be considered or nominated for AFR promotion to captain.
The applicant will be promoted to the grade of captain; however, there is no guarantee of when that promotion will occur. He is currently on the FY09 (second half) Captain Promotion Process (V0309B). When approved, the earliest possible DOR will be 1 April 2009. He has also been approved to meet an SSB that will convene on 9 March 2009. The SSB is in lieu of the FY09 (first half) Captain Promotion Process (V0309A) that closed on 1 April 2008. If selected by the SSB, his DOR will be 1 October 2008, which is the earliest Reserve of the Air Force date awarded in accordance with AFI 36-2504, Table 5.2, Rule 6.
The ARPC/DPB evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 21 November 2008, for review and comment, within 30 days. However, as of this date, no response has been received by this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
________________________________________________________________
The following members of the Board considered Docket Number BC-2008-03842 in Executive Session on 11 February 2009, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Debra M. Czajkowski, Member
Mr. Anthony P. Reardon, Member
The following documentary evidence was considered in BC-2008-03842:
Exhibit A. DD Form 149, dated 15 Oct 08, w/atchs.
Exhibit B. Letter, ARPC/DPB, dated 6 Nov 08.
Exhibit C. Letter, SAF/MRBR, dated 21 Nov 08.
MICHAEL J. NOVEL
Panel Chair
AF | BCMR | CY2007 | BC-2007-01500
The ARPC website states, letters to the promotion board would be filed in the master personnel records; however, after release of the FY08 promotion results he contacted the Promotion Board Secretariat and was informed that his personal letter to the Board was not in his master personnel record. DPB states in part, the applicant’s letter to the board was received and filed in his selection folder for the FY07 Major Promotion Board. The complete DPB evaluation is at Exhibit...
AF | BCMR | CY2010 | BC-2010-00029
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00029 INDEX CODE: 102.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to the grade of captain reflect 20 January 2007 rather than 1 October 2007. The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the...
AF | BCMR | CY2008 | BC-2007-03904
He was promoted to the grade of captain with a DOR of 31 May 1993, and promoted to the grade of major with a DOR of 1 October 2001. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. He did not incur a break in service as he...
AF | BCMR | CY2008 | BC-2007-03270
He be considered for promotion to the grade of lieutenant colonel by the U0508A board by a Special Selection Board (SSB). His OPR did not make it to file prior to the convening of the promotion board; therefore, his record was incomplete and unjustly portrayed his career performance and accomplishments. After a thorough review of the evidence of record and the applicant’s submission, it is our opinion that relief is not warranted in this case and the applicant has not provided evidence...
AF | BCMR | CY2009 | BC-2008-03750
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPB recommends denial. The applicant met each board on time as prescribed by 10 USC Sections 14303 and 14304 and AFI 36-2504, Officer Promotion, Continuation and Selective early Removal in the Reserve of the Air Force, Table 2.2. Based on...
AF | BCMR | CY2005 | BC-2005-01303
_________________________________________________________________ APPLICANT CONTENDS THAT: At the time of her selection to major in Apr 01, her active duty supervisor was not informed by the 12 MSS/DPMPEP (officer promotions) or by the AFPC/CCR (Reserve Advisor) that he could accelerate her promotion in accordance with AFI 36-2504, paragraph 6.5. The also noted the applicant’s statement she was notified of promotion by her supervisor on 17 Apr 01. According to ARPC/DPB, information...
AF | BCMR | CY2008 | BC-2008-00351
_________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPB recommends denial of the applicant's request for appeal board in lieu of consideration by the FY08 Lt Col Position Vacancy (PV) promotion board; however, they recommend adjusting his date of separation from active duty to 28 Feb 07, allowing his active duty promotion to transfer to the USAFR. DPB states the applicant has not provided any indication that his senior rater supports and desires...
AF | BCMR | CY2010 | BC-2010-02389
The applicant originally submitted his request for correction of his date of promotion to captain to the AFBCMR on 2 July 2010. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ THE AIR FORCE EVALUATION: 1. The applicant was considered but not selected by the CY09 and CY10 Line of the Air Force Major Promotion Board...
AF | BCMR | CY2008 | BC-2008-00482
_________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPB recommends denial of the applicant’s request for the non- selection to “not count.” The applicant did compete for promotion; however, his record was incomplete at the time of the board. Once the signature dates are corrected to reflect dates prior to the promotion board, the applicant will be entitled to special selection board (SSB) consideration in lieu of the FY08 Major Promotion Selection...
AF | BCMR | CY2011 | BC-2011-02745
Before joining the Air Force Reserve, he was selected for promotion to major by the Calendar Year 2006B (CY06B) Active Duty board in Sep 06. AFI 36-2504, Officer Promotion, Continuation, and Early Removal in the Reserve of the Air Force, paragraph 6.4, states that any officer selected for promotion to a higher grade, who transfers from the ADL to the Reserve Active Status List (RASL) of the same armed force, will receive their promotion providing the officer remains in the same competitive...