RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04739 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect his date of rank (DOR) to the 
grade of captain (O-3) as 23 March 2006, rather than 5 January 
2004. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He entered the Air Force Reserve in March 2006 and believed he had 
until 2013 to be selected for promotion to the grade of major (O-
4). He was unaware he would be considered for promotion to the 
grade of major in 2010 and 2011. He was not given a fair 
opportunity for promotion consideration to the grade of major. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Air Force Reserve on 23 March 2006. He 
received 6 years, 2 months, and 18 days of constructive service 
credit. Four years of the credit was required for the grade of 
captain (O-3). As a result of his remaining 2 years, 2 months, 
and 18 days of constructive credit, his DOR in that grade was set 
at 5 January 2004. He was considered and not selected for 
promotion to the grade of major (O-4) by a special selection board 
(SSB) on 14 June 2010. He was again considered and not selected 
for promotion to major on 31 January 2011. Based on his two 
nonselections he was honorably discharged on 1 October 2011. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPB recommends denial noting there was no error in the timing 
of the applicant’s promotion consideration. Based on his two 


years of excess credit, his DOR for the grade of captain was 
established as 5 January 2004. As a result of his DOR, he was 
appropriately considered in-the-promotion-zone (IPZ) for the 
Calendar Year (CY) 2010 Line and Health Professions Major 
Promotion Board (and subsequent SSB) and above-the-promotion-zone 
for CY 11 Line and Health Professions Major Board. Having been 
nonselected for promotion by either board, he incurred a mandatory 
separation date (MSD) of 1 October 2011 and was discharged on that 
date. As for his claim he had no knowledge he was being 
considered for promotion, notification of the IPZ and APZ boards, 
and results of the SSB, were in the hands of the applicant’s 
servicing military personnel section. It cannot be determined 
whether the applicant received notification for the pending boards 
or the results of the SSB. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 6 January 2012 for review and comment within 30 days. As of 
this date, no response has been received by this office 
(Exhibit C). 

 

_________________________________________________________________ 

 

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 error or an injustice. The applicant contends 
that he was not given a fair opportunity to compete for promotion 
because he was not made aware that he was being considered for 
promotion during the contested boards. After a thorough review of 
the evidence of record and the applicant’s complete submission, we 
believe he has been the victim of an injustice. We note the 
applicant’s dilemma was caused by the correct application of 
current policy; however, we believe the applicant has raised 
sufficient doubt as to whether or not he was made aware of the 
impact his constructive service had on his eligibility for 
promotion. However, while we believe any doubt in this matter 


should be resolved in favor of the applicant, we are not convinced 
the requested remedy in this case, adjusting the applicant’s date 
of rank, is appropriate as doing so may have unforeseen adverse 
consequences that could negatively affect his pay and/or future 
standing within his officer year group. Therefore, we believe 
that removing any non-selections for promotion from his records 
until he has had an opportunity to receive at least three officer 
performance reports in his current grade constitutes full and 
fitting relief in this case. Additionally, we find it appropriate 
to credit him with the pay and points required to ensure the 
period since his separation is creditable for retirement purposes. 
In arriving at the appropriate amount of credit to be awarded, we 
calculated the average of his participation during the five years 
preceding his original MSD. Therefore, we recommend that his 
records be corrected as indicated below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT, be corrected to show that: 

 

 a. On 1 October 2011, he was not discharged from all 
appointments for being twice deferred for promotion, but on that 
date he continued to serve in an active status as a member of the 
Air Force Reserve. 

 

 b. He be awarded an additional 4 unpaid active duty points, 
40 paid inactive duty training (IDT) points, and 15 membership 
points for the retention/retirement (R/R) year 23 March 2011 
through 22 March 2012, resulting in 59 total retirement points and 
one year of satisfactory Federal service for retirement. 

 

 c. Any nonselections for promotion to the grade of major 
prior to receiving three Officer Performance Reports be removed 
from his records. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2011-04739 in Executive Session on 5 Jun 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Apr 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPB, dated 30 Dec 11, w/atchs. 


 Exhibit C. Letter, SAF/MRBR, dated 6 Jan 12. 

 

 

 

 

 

 Panel Chair