RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00222 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

1. An exception to policy be granted so that he may be 
considered by a retroactive Special Selection Board (SSB) for 
promotion to the grade of major after receiving his first 
officer performance report (OPR) following the relief granted in 
AFBCMR Docket No. BC-2010-00050. 

 

2. The AFBCMR write a letter to the Board president to explain 
why they are considering his OPRs although written well after 
the Fiscal Year (FY) board. 

 

3. If he is promoted by SSB, his corrected service dates and 
Date of Rank (DOR) to the grade of major be adjusted and be 
reflected in his record. 

 

4. If he is promoted to the grade of major by the SSB, that the 
original AFBCMR correction, that directs any nonselections for 
promotion to the Reserve grade of major prior to receiving three 
OPRs with at least 250 days of supervision, be set aside and 
applied to his consideration for promotion to the grade of 
lieutenant colonel. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

Since the Board justly expunged his previous promotion boards to 
the grade of major and based on his service dates, he should be 
granted an exception to policy that allows him to be considered 
for promotion to the grade of major through the SSB process. He 
believes the promotion consideration should be based on his 
current support to the Global War on Terrorism in the Air Force 
Reserve and history of honorable service, to include documented 
valor in combat in Iraq and Bosnia. 

 

He served on active duty as a captain from 1 Jun 92 – 14 Dec 98, 
in the Air Force Reserve until 6 Apr 06, and again until the 
present without meeting a promotion board. Further, in 
following the intent of AFI 36-2504, OFFICER PROMOTION, 
CONTINUATION AND SELECTIVE EARLY REMOVAL IN THE RESERVE OF THE 
AIR FORCE, it requires him to be “properly considered” by the 
first eligible promotion board, including any SSBs, if he should 
have been considered by that board. He believes that this will 


give him proper consideration, an equitable opportunity to 
create a promotable record, and career progression. 

 

In support of his appeal, the applicant provides a personal 
statement and a copy of the directive from his previous Board 
decision, AFBCMR Docket No. BC-2010-00050. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty on 1 Jun 88. He was 
progressively promoted to the grade of captain, with an 
effective date and date of rank of 1 Jun 92. He was discharged 
from active duty on 13 Dec 98 and credited with 10 years, 
6 months and 13 days of active duty service. 

 

The applicant was commissioned in the Reserve of the Air Force 
on 14 Dec 98, when he took the oath of office and assigned to 
the Nonobligated Nonparticipating Ready Personnel Section 
(NNRPS). He was considered but not selected for promotion by 
the Fiscal Year 2001 (FY01) Reserve of the Air Force Major 
Promotion Board, which convened on 6 Mar 00. After 2 years in 
NNRPS, the applicant was assigned to the Inactive Status List 
Reserve Section (ISLRS) on 14 Dec 00. Once assigned to ISLRS he 
was not eligible for promotion consideration. On 7 Apr 04, the 
applicant applied for and was assigned to the Air Force 
Admissions Liaison Officer program. The AF Admissions Liaison 
Program was responsible for notifying the applicant of his 
upcoming board. He was considered but not selected for 
promotion by the FY07 USAFR Other than Selected Reserve (OTSR) 
Line and Health Professions Major Promotion Selection Board, on 
6 Mar 06. 

 

The applicant was discharged from all appointments in the USAF, 
on 1 Nov 06, in accordance with (IAW) Title 10, United States 
Code (USC), Section 14505. 

 

The applicant submitted an appeal to the AFBCMR, dated 5 Dec 09, 
requesting that: 

 

1. His two nonselections to the grade of major be removed. 

 

2. He be reinstated into the Air Force Reserve. 

 

3. His inactive service from 13 Dec 98 to 7 Apr 04 be 
removed. 

 

On 14 Jun 10, the Board directed the applicant’s record be 
corrected to reflect that: 

 


 a. He was not considered for promotion to the Reserve 
grade of major by the FY01 Major Promotion Selection Board. 

 

 b. He was not discharged on 1 Nov 06 from all 
appointments, but on 6 Apr 06, he resigned his commission and 
was discharged from all appointments. By competent authority, 
his name be removed from the FY07 Other Than Selected Reserve 
Line and Health Professions Major Promotion Selection Board 
Nonselect list. 

 

 c. He be reinstated in the Air Force Reserve and 
transferred to the Inactive Status List Reserve Section. Any 
nonselections for promotion to the Reserve grade of Major prior 
to receiving three Officer Performance Reports with at least 
250 days supervision, in the grade of captain, be set aside. 

 

The applicant was reinstated in the Air Force Reserve on 
8 Oct 10. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

ARPC/DPB recommends denial, stating, in part, a retroactive 
promotion opportunity allowed to consider performance of a 
decade later is unfair and inequitable to every other officer, 
regardless of grade or circumstance. 

 

Based on the applicant’s return from civilian status, the first 
promotion board he will be eligible for consideration is the 
Calendar Year 2012 (CY12) Air Force Reserve Participating 
Reserve Major Promotion Board, tentatively scheduled for Feb 12. 

 

The applicant’s request for retroactive SSB consideration (FY01) 
to include current participation is without basis. In Mar 00, 
the applicant was not in a participating status and did not have 
a Reserve assignment or a rating chain that could render a 
performance evaluation. He earned no participation credit for 
retirement purposes. Ten years later, the applicant has a 
Reserve assignment, is participating, and will have a 
performance report completed. Additionally, the world situation 
is very different today compared with Mar 00. It is likely his 
current position didn’t exist in Mar 00. It is very obvious 
that an OPR could not be rendered for a period of zero 
participation. 

 

The complete ARPC/DPB evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant notes that since being back in uniform, he has 
come to the realization of how his career was negatively 


impacted by the injustices that the previous BCMR case attempted 
to make right. However, the advisory opinion’s statement that 
the SSB “is unfair and inequitable to every other officer” is 
unfair and inappropriate. Every officer with whom he has 
discussed his situation, from the rank of captain to major 
general, feels an SSB is warranted. He does not feel a decision 
made by an SSB affects others, only those who meet them. If 
what happened to him happens to another officer with pure 
intentions, he would certainly hope that they would be granted 
an SSB with the provisions that he is requesting. 

 

The advisory opinion unfortunately misrepresents his request. 
He is not requesting an SSB for the FY01 promotion board. He 
leaves all decisions to the wisdom of the AFBCMR with respect to 
his application. He has no experience with this type of 
decision; only gathers his own and the feelings of others as to 
what might be a just conclusion. 

 

He believes he should have been considered for promotion by the 
FY09 Line and Health Professions Major Promotion board, which 
should have met sometime in Feb 08. He believes the SSB for 
this board will probably meet sometime around the upcoming CY12 
mandatory board that would include the same current OPR. If he 
is promoted by this SSB, he requests that his DOR be corrected 
to the date he took the Oath of Office, 8 Oct 10. 

 

The applicant’s complete response is at Exhibit E. 

 

________________________________________________________________ 

 

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. After being 
granted relief by this Board that has allowed the applicant to 
resume his career in the Air Force Reserves, the applicant 
asserts that to remedy the injustice he suffered, as affirmed by 
previous board action, his records should be further corrected 
to provide him an opportunity for promotion as an exception to 
applicable Air Force policy. We disagree and are not persuaded 
the applicant should be granted the additional relief he seeks. 
As such, we agree with the recommendation of HQ ARPC/DPB to deny 
the requested relief and we adopt the rationale expressed as the 
primary basis for our determination the applicant has not been 
the victim of error or injustice warranting the additional 
relief he seeks. In our view, the corrections previously 
recommended by this board constituted full and fitting relief 
when the total circumstances of the applicant’s case are 
considered. As noted by ARPC/DPB, the applicant will have an 


additional five chances at promotion based on the action of this 
board. While the applicant asserts he would have taken action 
to put his career on a different track had he been made aware he 
was being considered for promotion, there is no way of knowing 
this for sure. Although the Board elected to resolve any doubts 
regarding the issues in the applicant’s prior case in his favor, 
we are not persuaded he had exercised reasonable diligence in 
determining his status after transfer to the Reserves. 
Therefore, in view of the above, we find no basis to recommend 
granting the additional relief sought in this application. 

 

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 the Board's understanding of the 
issues 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 AFBCMR Docket 
Number BC-2011-00222 in Executive Session on 4 October 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, undated, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPB, dated 16 Feb 11. 

 Exhibit D. Letter, SAF/MRBR, dated 25 Feb 11. 

 Exhibit E. Letter, Applicant, dated 20 Mar 11. 

 

 

 

 

 Panel Chair