RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2010-02389

		COUNSEL:  NONE

		HEARING DESIRED:  YES

________________________________________________________________

THE APPLICANT REQUESTS:

1.  The special order dated 1 April 2008 relating to his 
promotion to the grade of Captain, O-3, effective 
31 December 2002 be voided.  

2.  The special order dated 21 September 2007 relating to his 
promotion to the grade of Captain, O-3, effective 1 October 2007 
be designated as his official promotion order to the grade of 
Captain.

3.  He maintain eligibility for promotion to the grade of Major, 
O-4.  

________________________________________________________________

THE APPLICANT CONTENDS THAT:

1.  On 7 September 2007, he received a letter indicating he was 
erroneously assigned to the Inactive Status List Reserve Section 
(ISLRS), and therefore was not identified as eligible to meet 
the fiscal year (FY) 2003 Captain Line and Health Professions 
Selection Board held in June 2002.  As a result of the erroneous 
assignment his records were approved to meet a special selection 
board (SSB) and, if selected, his date of rank would become 
31 December 2002 as if the original Captain Line and Health 
Professions Selection Board had selected him.  He was afforded 
the opportunity to submit a letter to be included in his record 
for the SSB.  He did not understand the letter he received in 
2007, therefore, he did not submit a letter, to be included in 
his record for the SSB.  

2.  On 4 April 2008, he received a promotion order indicating 
the effective date of his promotion to the grade of Captain was 
31 December 2002.  He had previously received an order dated 
21 September 2007, indicating the effective date of his 
promotion to Captain was 1 October 2007.  He was preparing to 
deploy to Iraq when he received the promotion order in 2008 and 
had other pressing things on his mind and did not inquire 
further into this discrepancy.  He now realizes that he should 
have inquired further.  

3.  He enrolled in Squadron Officer School (SOS) and completed 
the program in April 2010.  He would have completed it earlier, 
however, there was a test compromise and there was no SOS 
testing Air Force wide for a period of time.  

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

________________________________________________________________

STATEMENT OF FACTS:

1.  According to documents extracted from the Automated Records 
Management System (ARMS), the applicant is a former member of 
the U.S. Air Force Reserve (USAFR).  His initial appointment 
began on 31 December 1996.  On 1 December 2010, he was separated 
and credited with 1 year, 7 months, and 15 days total service 
for pay.  

2.  The applicant originally submitted his request for 
correction of his date of promotion to captain to the AFBCMR on 
2 July 2010.  On 30 August 2010, he requested an extension in 
order to have time to properly prepare his comments to the Air 
Force office of primary responsibility (Exhibit E).  The case 
was administratively closed until the applicant sent a request 
to proceed with his case on 7 March 2012 (Exhibit G).  

3.  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.  ARPC/DPB recommends denial.  DPB states the applicant seems 
to desire elimination of the two deferrals for promotion to 
major by invalidating the SSB promotion.  The applicant was 
appointed in the Texas) Air National Guard (TXANG) on 5 April 
1997 and began undergraduate pilot training (UPT).  The 
applicant did not complete UPT and was subsequently discharged 
from the TXANG effective 15 August 1998 and transferred to the 
USAFR.  

2.  When assigned from the TXANG to the USAFR, the applicant was 
erroneously assigned to the Non-Obligated Non-Participating, 
Ready Personnel Section (NNRPS).  This assignment is for any 
officer who has completed their military service obligation 
(MSO) but is still retained in the Reserve.  The applicant had 
only completed approximately one year and seven months of his 
eight-year MSO and should have been correctly assigned to the 
Obligated Reserve Section (ORS) until 30 December 2004 and then 
assigned to the NNPRS.  The erroneous NNPRS assignment caused an 
additional erroneous assignment to the Inactive Status List 
Reserve Section (ISLRS) in May 2002, which prevented his record 
from being considered for promotion by the Fiscal Year 2003 
(FY03) Line and Health Professions Captain Promotion Board, 
which convened on 24 June 2002.  

3.  The applicant was then promoted to captain during the FY08 
Captain’s Promotion Process. During the confirmation of 
eligibility for the FY08 captain promotion process, the 
applicant’s erroneous assignments to NNRPS and ISLRS were 
discovered.  The applicant was awarded special selection board 
(SSB) consideration, which was conducted on 24 March 2008.  He 
was selected by the SSB and awarded a date of rank of 
31 December 2002, thereby back-dating his 1 October 2007 date of 
rank.  The applicant was considered but not selected by the CY09 
and CY10 Line of the Air Force Major Promotion Board which 
placed him in a deferred status with a mandatory separation date 
of 1 December 2010.  

The complete HQ ARPC/DPB evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

In his response, the applicant reiterates he was not properly 
notified that he had been promoted to captain while he was in an 
inactive status.  Until he received the letter on 1 April 2008, 
he was completely unaware of his rank of captain.  He further 
states if he was properly notified of his 2002 promotion he 
would have diligently met the developmental education 
requirements of his captain status.  As soon as he found out he 
was promoted to the rank of captain he enrolled in Squadron 
Officer School (SOS) in December 2007.  His job schedule and a 
deployment to Iraq delayed his completion of SOS until 
April 2010.  

The applicant’s complete response is at Exhibit F.

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

ARPC/PB recommends denial.  ARPC/PB states all laws and policies 
were followed.  Once the administrative error surrounding the 
applicant’s erroneous assignment to the Non-Obligated Non-
Participating Ready Personnel Section was discovered, his record 
was administratively corrected and was considered for promotion 
by a special selection board as law requires.  

The complete ARPC/PB evaluation is at Exhibit H.
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

1.  In his response, the applicant reiterates his previous 
contentions that the transfer to USAF Reserves and the erroneous 
assignment to the Inactive Status List Reserve Section (ISLRS), 
and subsequent administrative errors in his record had far-
reaching effects on his Air Force career.  Between personal 
obligations, and learning of an upcoming deployment to Iraq, he 
had mapped out how he would accomplish his DE, believing that he 
had at least until the 2011 promotion process to complete and 
submit all developmental education (DE), training and 
documentation.  

2.  The applicant indicates the ARPC/PB evaluation is correct; 
however, in addition to noting that he was preparing for 
deployment to Iraq and didn't have adequate time to respond to 
the new DOR information received in Apr 08, it is important to 
also note that the shortened timeline for completing the DE, 
based on the new DOR, was an unreasonable expectation put upon 
him.  Due to the administrative errors and changing his DOR, 
through no fault of his own, he was not given the time to 
adequately complete the training that would have allowed him the 
opportunity to be considered for promotion to Major.  

3.  He was overlooked for promotion several times and was 
unfairly discharged in 2010.  He did, however, complete his DE 
in May 2010 which would have given him adequate time for proper 
consideration for promotion in the 2011 promotion process; a 
timeline that he had always planned for upon learning of his 
promotion in 2007.  He believes the AFBCMR should concur with 
the ARPC/PB recommendation that would allow him to establish a 
Reserve career and adequately compete for promotion to Major in 
calendar year (CY) 2014.  

The applicant’s complete response is at Exhibit J.  

________________________________________________________________

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 an injustice.  We have reviewed the 
available evidence pertaining to the applicant’s contention that 
the transfer to the Reserves and erroneous assignments to the 
Inactive Status List Reserve Section (ISLRS), and Non-Obligated 
Non-Participating Ready Personnel Section (NNRPS), and 
subsequent administrative errors in his record had far-reaching 
effects on his Air Force career; however, we are not persuaded 
that corrective action is warranted.   The Air Force maintains, 
and we are not persuaded otherwise by his assertions, that once 
the administrative error surrounding the applicant’s erroneous 
assignment to ISLRS and NNRPS was found, his record was 
administratively corrected and he was considered for promotion 
by a special selection board as law requires.  While we are not 
unsympathetic to the applicant’s circumstances, in the absence 
of evidence indicating he was treated differently than others 
who are similarly situated, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale expressed as the basis for our decision 
that the applicant has not been the victim of an injustice.  
Accordingly, the applicant’s request is not favorably 
considered.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 in Executive 
Session on 18 June 2013, under the provisions of AFI 36-2603:

		,Panel Chair
		,Member
		,Member










The following documentary evidence was considered in AFBCMR 
Docket Number BC-2010-02389:

    Exhibit A.  DD Form 149, dated 2 July 2010, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 6 August 2010.
    Exhibit D.  Letter, SAF/MRBR, dated 13 August 2010.
    Exhibit E.  Letter, Applicant, dated 30 August 2010.
    Exhibit F.  Letter, Applicant, dated 3 November 2010, 
w/atchs.
    Exhibit G.  Letter, Applicant, dated 7 March 2012.
    Exhibit H.  Letter, ARPC/PB, dated 20 March 2013.
    Exhibit I.  Letter, AFBCMR, dated 29 April 2013.
    Exhibit J.  Letter, Applicant, dated 26 May 2013.




                                   
                                   Panel Chair



AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762





Dear :

	Reference your application submitted under the provisions of AFI 36-2603 (Section 
1552, 10 USC), AFBCMR Docket Number BC-2010-02389.

	After careful consideration of your application and military records, the Board 
determined that the evidence you presented did not demonstrate the existence of material error or 
injustice.  Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the 
Board.  In the absence of such additional evidence, a further review of your application is not 
possible.

	BY DIRECTION OF THE PANEL CHAIR





				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachment:
Record of Board Proceedings



 

DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC


Office of the Assistant Secretary