RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02218
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Date of Rank (DOR) to the grade of captain (Capt, O-3),
be changed from 1 Oct 2001 to l Oct 1999.
2. His DOR to the grade of major (Maj, O-4), be changed from
1 Oct 2008 to 1 Oct 2006.
________________________________________________________________
APPLICANT CONTENDS THAT:
While on Active Duty he was due to be promoted to the grade of
Capt on 11 Aug 1999. He declined the promotion because he was
transferring to the Active Reserves and accepting the promotion
while on Active Duty would have forced him to incur an additional
one year Active Duty Service Commitment (ADSC).
At the time, the Time in Grade (TIG) requirement for advancement
from first lieutenant (1Lt) to Capt in the Reserves was four
years. The TIG requirement for Maj was five years. During a
review of his records in 2011, he recognized the Reserves changed
the TIG requirement from 1Lt to Capt to two years. The change
occurred in 201l, which is the same year he was promoted to Capt
in the Reserves.
He discussed the problem with his chain-of-command, the Base
Individual Mobilization Augmentee Administrator, and the Air
Reserve Personnel Center; however, no one was able to offer any
assistance due to the current TIG requirements for advancement.
In support of his request, the applicant provides copies of his
virtual Military Personnel Flight (MPF) Self Service Actions
(Promotion Information), an extract from AFI 36-2504, Officer
Promotion, Continuation and Selective Early Removal in the
Reserve of the Air Force, Guard/Reserve TIG table and Record of
Proceedings (ROP), Docket Number 2003-03703.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserves in
the grade of Maj.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/CV recommends approval of the applicant's request to
correct his DOR to Capt, and denial of his request to correct
his DOR to Maj. CV states based on his selection by the
Calendar Year (CY) 1998 Captain Board, the applicant should be
promoted by AFPC to the grade of Capt, with a DOR and effective
date of 11 Aug 1999.
The applicant states he turned down the promotion to avoid
incurring an ADSC. However, his records do not reflect he
declined the promotion. The policy requiring active duty
members to either decline their promotion or continue to serve
after accepting the promotion, was changed effective 13 Feb
1998 and should not have prevented him from being promoted.
Based on this change, the member should have been promoted while
on active duty, effective, 11 Aug 1999.
On 16 Oct 1999, the applicant transferred to Reserve status as a
1Lt with a DOR of 11 Aug 1997. He was considered, and selected
by the Fiscal Year (FY) 2002 Captain Promotion Selection Board
that convened on 4 Jun 2001, with a DOR of 1 Oct 2001. At that
time, the TIG requirement for promotion to Capt was four years.
The change to a two year TIG requirement did not take effect
until Jan 2002.
Based on the 1 Oct 2001 DOR, the applicant was eligible for, and
selected by the FY 2009 Participating Line and Health
Professions Major Promotion Selection Board, with a DOR of 1 Oct
2008. According to USC 10, Section 14108, an officer on the
Reserve Active Status List (RASL) may not be promoted to a
higher grade unless the officer is considered, and recommended
for, promotion to that grade by a promotion board convened under
section 1410l(a) (or by a special selection board convened under
section 14502). The applicant was not eligible for, nor did he
meet, the appropriate board which would allow him to be promoted
with a date of rank of 1 Oct 2006.
The ROP provided by the applicant has no bearing on this
particular case.
The applicant's DD Form 214, Certificate of Release or Discharge
from Active Duty, and Separation Order should be amended to
reflect he was separated from active duty effective 15 Oct 1999,
as a Capt. Once HQ AFPC publishes his promotion order to Capt,
HQ ARPC/PB can grant Special Selection Board consideration to
the grade of major for the boards he missed: FY 2006 (Feb 2005),
FY 2007 (Mar 2006), and FY 2008 (Feb 2007).
The complete CV evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 Aug 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
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 error or injustice warranting
partial relief. 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 their rationale as the basis
for our conclusion that only the applicants DOR to the grade of
captain should be corrected. We note the Air Force OPR has
indicated that based on this correction, HQ ARPC/PB will be able
to provide the applicant promotion consideration by special
selection board for the boards he missed. Accordingly, we
recommend his records be corrected to the extent indicated
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating APPLICANT, be corrected to show that:
a. He was considered and selected for promotion to the
grade of captain with a date of rank and promotion effective
date of 11 Aug 1999.
b. His DD Form 214, Certificate of Release or Discharge
from Active Duty, and Separation Order be amended to reflect he
was separated from active duty effective 15 Oct 1999 in the
grade of Captain.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2012-02218 in Executive Session on 18 Oct 2012, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-02218:
Exhibit A. DD Form 149, dated 14 Jun 2012, w/atchs.
Exhibit A. Applicants Master Personnel Records.
Exhibit B. Letter, HQ ARPC/CV, dated 16 Jul 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 Aug 2012.
Chair
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