RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02745
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) to the grade of major be changed from
2 Oct 07 to 8 Sep 07.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During a records review in Jan 11, he discovered his date of rank
to major was in error. 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. Upon transfer to the
Reserve, his leadership recommended him for an immediate
promotion to major. Due to an unintended administrative delay,
the promotion recommendation was not processed in a timely manner
resulting in his date of rank being posted as 2 Oct 07 vice 8 Sep
07. This incorrect date will have an adverse impact on his
career timing and progression.
According to AFI 36-2504, Officer Promotion, Continuation, and
Selective Early Removal in the Reserve of the Air Force, officers
are eligible for promotion on a mandatory board after serving
seven years time-in-grade. Because the Air Force Reserve
considers officers for promotion on a fiscal year time-in-grade
cycle, the current incorrect date would cause him to miss the
opportunity to meet the seven year time-in-grade board by two
days. This would mean a requirement to wait eight years before
he would be eligible to compete for lieutenant colonel, placing
him one year behind his peers and at a great disadvantage for
other opportunities.
He is one of the few Reservists who has completed a masters
degree, graduated from in-residence Squadron Officers School as a
Top Third Graduate (Distinguished Graduate), attended Air Command
and Staff College in-residence as a Congressional Fellow,
completed Joint Professional Military Education II in-residence,
and now serves on the Chairman of the Joint Chiefs of Staff
Legislative Affairs staff.
In support of his request, the applicant provides a letter of
support from his commander, email correspondence, and various
documents pertaining to his promotion to major and appointment in
the Air Force Reserve.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was selected for promotion to major by the CY06B
active duty promotion board. He transferred to the Reserves with
the Active Duty List (ADL) promotion pending. 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 category. The officers DOR on the RASL is
calculated using the current Reserve of the Air Force
requirements for in-the-promotion zone promotions for the
officers competitive category. However, AFI36-2504, paragraph
6.5, states that an officer on a promotion list as a result of
selection for promotion by a mandatory promotion board may be
promoted at any time to fill a vacant position. A request was
submitted to accelerate the applicants promotion pursuant to,
paragraph 6.5, which resulted in the applicant receiving a DOR of
2 October 2007.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states the applicants statement
that his current DOR places him one year behind his peers is
without merit. His USAFR peers assumed the higher grade during
FY09 (1 Oct 08 through 30 Sep 09). He is actually a year ahead
of his Reserve Active Status List (RASL) peer group. Upon
verification with Headquarters Air Force Personnel Center (HQ
AFPC), he actually remained on par with his former Active Duty
List (ADL) peer group. Those selected by the CY06B board were
promoted between 1 Jul 07 and 1 Jul 08. While the applicant
states he just discovered the problem in 2011, he was aware of
his DOR in 2007 when he received his promotion order.
The complete DPB evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The advisory offered to the board recommending denial of his
request fails to address the issues in question. Instead, it
provides diverting commentary on uncontested, non-applicable peer
groups and the tardiness of discovering the error as
justifications to deny the request. It does not address the
responsibility that personnel experts hold in this matter nor
does it offer any defense of their actions and/or inactions from
timelines to the reason(s) behind selecting the 2 Oct 07 DOR vice
the requested 8 Sep 07 DOR. It also fails to provide any
evidence to challenge the testimony he has provided from senior
officers concerning their intent.
The applicant's complete response is at 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. After
thoroughly reviewing the evidence of record, we believe relief is
warranted in this case. In this respect, we note that pursuant
to Air Force policy, an officer on a promotion list as a result
of selection for promotion by a mandatory promotion board may be
promoted at any time to fill a vacant position. The applicant
has provided a letter from his former wing commander stating that
the applicant was assigned to a vacant position in one of his
units on 8 September 2007 while on a promotion list for promotion
to major. The applicants former wing commander also indicates
it was their intent the applicant would be promoted effective the
date of his assignment to the vacant position. However,
unintended administrative delays prevented the promotion request
from being processed in a timely manner. After considering the
circumstances in this case, and the letter of support from the
applicants former wing commander, we believe it is in the
interest of justice to grant the requested change in the
applicants DOR Therefore, we recommend his records be corrected
to the extent indicated below.
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 RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was promoted
to the grade of major (0-4) effective and with a date of rank of
8 September 2007, rather than 2 October 2007.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02745 in Executive Session on 3 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jul 11, w/atchs.
Exhibit B. Letter, ARPC/DPB, dated 17 Aug 11.
Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11.
Exhibit D. Letter, Applicant, dated 21 Sep 11.
Panel Chair
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