RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02775
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be retained in the Air Force Reserve (AFR).
2. He be reconsidered for promotion to the grade of major at the
next promotion board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The board did not have a complete assessment of his AFR activity
and accomplishments.
After contacting the Air Reserve Personnel Center (ARPC)
Promotion Board Counsel, he was informed of three discrepancies
affecting his promotion. The three areas discussed were:
a. Participating less than a full year in 2010 due to entering
the AFR on 30 Apr 10 and receiving less than a full year of
Inactive Duty Training (IDT) points.
b. A break-in-service that stretched nearly three years;
however, he submitted a break-in-service letter to the promotion
board for consideration. The break-in-service should not be held
against him. Additionally, his first Officer Performance Report
for the Reserve closed out on 20 Apr 11, which was completed
after the board met. He feels that his accomplishments and
participation could have significantly increased the boards
confidence in his capabilities and development.
c. A promotion nonselection by a major promotion board that met
while he was in the Individual Ready Reserve (IRR); the IRR board
promotion rate is practically nonexistent, yet ironically was
counted as his first board. He understands the IRR must convene
a promotion board by law, but this factor alone hinders his
chances of success in the AFR given that officers have only two
chances at meeting the majors promotion board.
He has enrolled in another graduate degree program majoring in
computer science while continually taking professional
development courses to support his AFR career. He has made
significant impacts in a short period and has demonstrated his
capabilities as a valuable team member. If given the
opportunity, he will continue to produce quality work during his
AFR career.
In support of his request, the applicant provides copies of
letters of support, and a copy of his AF Form 7607, Officer
Performance Report,
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered into the Air Force Reserve on 18 Jul 00
awaiting pilot training. He was progressively promoted to the
grade of captain.
He was considered but not selected for promotion by the CY10 and
CY11 Reserve Major Promotion Selection Boards, on 1 Feb 10 and
31 Jan 11, respectively.
The applicant was discharged from all appointments in the AFR on
1 October 2011, IAW USC Title 10, Section 14505, Effect of
failure of selection for promotion: reserve captains of the Army,
Air Force and Marine Corps, and Reserve lieutenants of the Navy
and Section 14513, Separation for failure of selection of
promotion.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states the applicant was
considered, but not selected, by the CY10 Major Promotion
Selection Board (W0410A, 1 Feb 10) and the CY11 Major Promotion
Board (V0411A, 31 Jan 11). The applicant was assigned to the IRR
from Jun 07 to Apr 10 and although members assigned to the IRR
are not in a participating status, all officers on the Reserve
Active Status List (RASL) must be considered for promotion when
eligible. There was only one promotion quota for the CY10 board.
DPB notes that all officers in a participating assignment,
meeting a majors board, must have a Directed by HQ Air Force AF
IMT 707, Officer Performance Report (OPR), if they have not had
performance documentation within a year of the board convening.
In this case, when the CY11 board considered the applicant, he
did not have the required OPR in his records. He also had less
than a full year of participation points available because he was
not accessed until Apr 10. Additionally, when the applicant was
non-selected by the second board, he did not meet the Secretary
of the Air Forces requirements for continuation since his Air
Force Specialty was not manned at less than 99 percent.
DPB notes there was no error in his record when it met the CY10
board; however, there was an error at the time the CY11 board
convened. This error omitted the required OPR from his records,
but DPB does not have a readily available solution. However, DPB
states that an OPR for the period of 30 Apr 10 through 2 Nov 10
would have to be prepared, with signature dates prior to 31 Jan
11, in order to grant a special selection board (SSB).
In light of a proposed law change, which will render IRR assigned
officers ineligible for promotion consideration, the board may
disagree with DPBs recommendation and rule in favor of the
applicant.
The ARPC/DPB complete evaluation, with attachment, is at Exhibit
B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by providing additional comments based on
the ARPC/DPB advisory, which are:
a. First, he rebuts the DPB comment that relates to him not
having a current OPR on file during the CY11, 31 Jan 11, review.
He states he had 8 months in the AFR and his OPR closeout date of
29 Apr 11 was 4 months after the selection board convening, which
gave him no opportunity to show his current accomplishments in
the AFR.
b. Second, another DPB comment points-out the fact his OPR
was incomplete; however, he provided a draft OPR to his senior
leadership for review well in advance of the 29 Apr 11 closeout
date.
c. Lastly, DPB addresses that he had less than the required
participation points as a reservist for the 2010 year. He
reiterates that this was tied directly to being accessed in Apr
10; given the end of the fiscal year is 30 Sep that gave him
5 months to squeeze in the remaining IDT points versus having the
normal 12 month period to perform the duty.
The applicants complete submission, with attachments, 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 warranting corrective action.
Although the applicant requests that he be retained in the AFR
and meet next years major promotion board, we do not believe he
has a sufficient record of performance in the grade of captain,
to receive fair and equitable consideration to the grade of major
by the next promotion board. We note that although members
assigned to the IRR, as was the applicant, are not in a
participating status, since they are considered to be on the
Reserve Active Status List (RASL), they must be considered for
promotion when eligible. Due to the timing of the applicants
entrance into the AFR on 30 Apr 10, he had less than a full-year
of participation and IDT points, at the time his record was
considered by the CY10 major board. We also note the comments of
the Air Force office of primary responsibility that when the
applicant met the CY11 board, he did not have an Officer
Performance Report (OPR) in his record, as required. As such, we
agree with the applicant that he did not have an opportunity to
show the promotion boards his accomplishments in the AFR. In
view of this and noting the fact that a required, HAF-directed
OPR was not a matter of record when his record was considered for
promotion by the CY11 major board, we find the applicant was
denied fair and equitable promotion consideration to the grade of
major based on an incomplete record. Moreover, we note there is
a proposed change to the governing law which will render officers
assigned to the IRR, a nonparticipating status, ineligible for
promotion consideration. In view of this, and noting the
applicant did not have a sufficient record of performance at the
time his record was considered for promotion by the CY10 and CY11
major selection boards, we recommend his record be corrected to
the extent indicated below. In view of our above finding, the
applicants request for reinstatement in the AFR is moot, as our
recommended corrective action will result in his records being
corrected to show that he was not discharged from all
appointments but was continued in his AFR assignment.
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 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:
a. His records were not considered for promotion to the
Reserve grade of major (0-4) by the Calendar Years 2010 and 2011
Major Promotion Selection Boards.
b. He was not discharged from all appointments in the
United States Air Force Reserve effective 1 October 2011, but on
that date, was continued in his Reserve assignment.
It is further recommended that any nonselections for promotion to
the 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 following members of the Board considered AFBCMR Docket
Number BC-2011-02775 in Executive Session on 12 Oct 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 9 Jul 11, w/atchs.
Exhibit B. Letter, AFPC/DPB, dated 17 Aug 11.
Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11.
Exhibit D. Letter, Applicant, dated 11 Sep 11, w/atchs.
Panel Chair
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