RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01874
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His date of rank (DOR) to lieutenant colonel (Lt Col) be
adjusted in accordance with AFI 36-2501, Officer Promotions,
Paragraph 4.4 (Special Promotion Issues) and AFI 36-2604,
Service Dates and Dates of Rank, paragraph 7.5.1.4..
________________________________________________________________
APPLICANT CONTENDS THAT:
He is an Air Force Reservist and was promoted to Lt Col. His
projected DOR is 1 May 2012. The time in grade requirement for
promotion to Lt Col for a normal Reservist is 7 years. His DOR
to Major was 1 May 2005.
On 5 October 2011, he was ordered to activation in accordance
with 10 USC 12301. While on activation he declared sanctuary.
On 27 December 2011 he was ordered to extended active duty (EAD)
and assigned to an active duty unit.
He requests his DOR and date of promotion be adjusted in
accordance with the special promotion issues paragraph of
AFI 36-2501, Officer Promotions. Per the DOR chart for Active
Duty, Line of the Air Force, his In the Promotion Zone would
have been in 2009. Hence, he requests his DOR be back dated in
accordance with the Active Duty List (ADL).
He has discussed this issue with ARPC, Officer Promotions and
has been told his DOR is managed by ARPC and will be carried
over to AFPC.
In support of his request, the applicant provides a personal
statement, documents from his Master Personnel Record and other
supporting documentation.
The applicant’s complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force and served from
12 April 1988 to 14 Jun 1995. He was commissioned in the Air
Force Reserves as a second lieutenant on 15 June 1995.
The other relevant facts pertaining to this application,
extracted from the applicant’s master personnel records, are
outlined in the letter prepared by the Air Force office of
responsibility which is included at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPOO recommends denial. Chapter 36 of 10 U.S.C governs
active duty promotions of officers of the ADL. Section 641
outlines categories of officers that Chapter 36 does not apply
to; specifically, Reserve officers on active duty authorized
under section 115(b)(1)(A) lists members ordered to active duty
under Section 12301(d) for the purpose of providing operational
support as prescribed in regulations issued by the Secretary of
Defense.
The applicant is a Reserve officer on active duty under 10 USC
12301(d) and 12686(2) and therefore is not on the ADL. He is a
Reserve officer on the RASL and will be promoted under the
Reserve regulations; if he becomes eligible for promotion prior
to retiring, he will meet a Reserve promotion board.
The complete DPOO evaluation 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 August 2012 for review and comment within
30 days. As of this date, this office has received no response
(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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After
thoroughly reviewing the evidence of record and the applicant’s
complete submission, we are not persuaded that record warrants
the requested correction. The applicant’s contentions are duly
noted; however, he has not provided persuasive evidence to
override the rationale provided by the Air Force office of
primary responsibility (OPR). Therefore, we agree with the
opinion and recommendation of the OPR and adopt its rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. In the absence of persuasive
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01874 in Executive Session on 16 October 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
, Panel Chair
, Member
, Member
Exhibit A. DD Form 149, dated 29 Mar 12, w/atchs.
Exhibit B. Letter, AFPC/DPOO, dated 12 Jun 12.
Exhibit C. Letter, SAF/MRBR, dated 6 Aug 12.
Panel Chair
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