RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03570 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

__________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His rank of major (O-4) be restored with the original promotion 
date of 19 June 1995. 

 

__________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His promotion effective 19 June 1995 to the grade of major, was 
unjustly rescinded by Headquarters Air Reserve Personnel Center 
(HQ ARPC) when they published an Air Force Form 973, Request and 
Authorization for Change of Administrative Orders, dated 
29 November 2010. He returned to active duty as a major via the 
Rated Officer Limited Period Recall Program on 5 October 2009 for 
a three-year tour of duty as an Air Liaison Officer/Fighter Duty 
Officer. He was paid as a major from 5 October 2009 to 18 June 
2011. The military pay office notified him on 19 July 2011 that 
he would be demoted to captain and that he would have to pay back 
$27,602.52 due to overpayment of Basic Housing Allowance (BAH) and 
Base Pay from 5 October 2009 to 31 July 2010. 

 

HQ ARPC indicated the reason for this action was that he was 
placed in the Inactive Status List Reserve Section (ISLRS) on 
21 May 1995 which was less than a month prior to his promotion to 
major (presumably after his promotion board met). 

 

He would not have applied to return to active duty under the 
Limited Recall Program at the rank of captain and the age of 55 
years old. His demotion to captain (O-3) is a breach of his 
active duty Air Force contract and is causing him to suffer 
reclamation of pay totaling $27,602.52, reduction of future pay, 
loss of current leadership responsibilities, and future 
opportunities to serve as a Field Grade Officer. 

 

In support of his appeal, the applicant provides copies of his 
recall to active duty documents, promotion documents, AF Form 973, 
Statement of Service, notification of indebtedness, Leave and 
Earning Statement, performance reports, award documents, and 
personnel information documents. 

 

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

 

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STATEMENT OF FACTS: 

 

The applicant is currently serving on extended active duty under 
the Limited Recall Program in the grade of captain. 

 

On 6 June 1995, HQ ARPC published a promotion order, which 
projected the applicant’s promotion to the grade of major with a 
15 June 1995 date of rank (DOR). On 5 June 1995, HQ ARPC 
published an assignment order, retroactively assigning him to 
ISLRS effective 21 May 1995. 

 

After the applicant’s recall to active duty under the Limited 
Recall Program, his records were audited prior to being considered 
for promotion. As a result, an AF Form 973 was issued to rescind 
his June 1995 promotion to major, based on his assignment to ISLRS 
prior to the effective date of promotion. As a result, the 
applicant incurred a debt for overpayment as a major rather than 
as a captain for the period 5 October 2009 to 31 July 2010. 

 

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AIR FORCE EVALUATIONS: 

 

ARPC/DPB recommends denial. DPB states Title 10 United States 
Code (USC), Section 8378, Chapter 837, of the Reserve Officer 
Personnel Act of 1954 (Repealed) (Attachment 3) and Section 14317 
of the Reserve Officer Personnel Management Act (1996) indicates 
an officer, selected for promotion, is not eligible to receive 
promotion if the officer is removed from an active status, until 
he is again recommended for promotion by a selection board. Title 
10 USC, Section 101, defines active status and any status in the 
Reserve other than the Inactive National Guard, the Retired 
Reserve, or an Inactive Status List. The applicant’s assignment 
to ISLRS, effective 21 May 1995, voided his promotion to major. 

 

When the applicant obtained his Limited Period Recall tour, 
assigning him from ISLRS to active duty, the office at the Air 
Force Personnel Center, responsible for the assignment, was 
apparently unaware that the applicant’s promotion to major was 
statutorily voided by his assignment to ISLRS. The applicant’s 
orders were incorrect as he could not be called to a Limited 
Period Recall Tour as a major because he was a captain. Had he 
been assigned to a Reserve program rather than an active duty 
program following his ISLRS assignment, his grade and DOR would 
have been verified and updated in the Military Personnel Data 
System prior to the new assignment’s consummation. He would have 
correctly had his grade and DOR adjusted to reflect the statutory 
requirements. 

 

While Limited Period Recall officers are active duty assets and 
all personnel actions are handled through active duty, Limited 
Period Recall officers are considered for Reserve promotion. 
Prior to a Limited Period Recall officer’s promotion cycle, their 
records are audited for accuracy, to insure the officer’s record 
is identified for the correct promotion board. The applicant’s 


record was audited approximately two months prior to the promotion 
cycle. At this time, his grade and DOR were adjusted based on his 
time spent in ISLRS. As a result, his grade was adjusted to 
captain with a DOR of 3 November 1999. 

 

DPB indicates that based on the applicant’s adjusted DOR, he was 
eligible for promotion to the grade of major during the Calendar 
Year 2011 (CY11) promotion cycle and will be eligible for the CY12 
Reserve promotion cycle. As he was not correctly identified for 
the CY11 cycle, ARPC/DPB will grant him Special Selection Board 
(SSB) consideration. 

 

The complete DPB evaluation, with attachments, is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 16 December 2011, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C). As of this date, this office has received no 
response. 

 

__________________________________________________________________ 

 

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 an injustice to warrant partial relief. After a 
thorough review of the evidence presented, it appears the 
applicant faithfully entered into his 3-year period of active duty 
under the Rated Officer Limited Recall Program. While the 
applicant was erroneously paid in the grade of major for the 
period 5 October 2009 to 31 July 2010, we find no evidence that he 
contributed to this error or that he attempted to defraud the 
government. We note it took almost three years for the Air Force 
to discover their error and we believe to hold the applicant 
accountable for this error would constitute an injustice. 
Accordingly, we recommend the applicant’s record be corrected as 
indicated below. With regard to the applicant’s request that his 
rank of major be restored, while we note AFPC erroneously recalled 
him to active duty in the grade of major, we believe the applicant 
should have been aware that he had not pinned-on his promotion to 
major before separating from service. Therefore, we find no basis 
to recommend granting his request to restore his rank of major. 
However, due to his records being administratively corrected to 
reflect his grade of captain, his record will be considered by SSB 
for the CY11 Reserve Major Promotion Board. 

 

_________________________________________________________________ 


 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that he requested 
remission of his debt in the amount of $27,602.52, incurred as a 
result of being overpaid in the grade of major for the period 
9 October 2009 to 18 June 2011; and, his request was approved by 
competent authority. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2011-03570 in Executive Session on 27 March 2012, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2011-
03570 was considered: 

 

 Exhibit A. DD Form 149, dated 26 Jul 11, with atchs. 

 Exhibit B. Letter, ARPC/DPB, dated 6 Dec 11, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 16 Dec 11. 

 

 

 

 

 

 Panel Chair