RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04448
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
1. His Retention/Retirement (R/R) Year anniversary be adjusted
to 1 February or any date prior to 1 March that the Board finds
reasonable.
2. In the alternative, he be promoted to the grade of
lieutenant colonel so that he may continue to serve beyond
20 years.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His R/R anniversary was set to 15 May due to an excessive delay
in processing his gaining orders for his Reserve assignment with
the Civil Air Patrol (CAP-USAF). This R/R date is going to
force him out with only 18 years worth of credit before he
becomes retirement eligible at 20 years.
Although the delay occurred in 2007, he only became aware that
his experience was neither normal nor in accordance with the
regulations. Also, this issue only became an injustice after
the most recent promotions board results were released on
10 August 2012.
In support of his appeal, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 15 August 2002 separation
and email correspondence.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was released from active duty, 15 August 2002, and
transferred to the Air Force Reserve, without a break-in-
service. Upon his assignment to a Reserve unit, effective
15 May 2007 his R/R anniversary was established as 15 May. He
has completed 17 years of satisfactory Federal Service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFRC/A1K recommends approval of the request for adjustment to
his R/R date, stating, in part, that the applicants Effective
Date Strength Change Accountability (EDCSA), along with his R/R
date should be established as 5 January 2007, 30 days from
recruiter endorsement of the AF FM 1288, Application for Ready
Reserve Assignment action on 5 December 2006. However, they
recommend disapproval of his request for promotion.
A1K notes, in accordance with AFI 36-2115, Assignments within
the Reserve Component, paragraph 1.8.1.6, which states, in part,
to ensure timely processing, a 30-calendar day timeline has been
established for the interview and approval/disapproval process
of reserve assignment actions. With this in mind, the applicant
signed the AF Form 1288, on 4 December 2006, the recruiter
indorsed it on 5 December 2006. However, the Air University
Program Manager did not approve the assignment action until
12 April 2007, subsequently establishing his EDSCA date as
15 May 2007.
The complete A1K evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 January 2013 for review and comment within
30 days. As of this date, no response has been received by this
office (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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action in regard to promotion to the grade of
lieutenant colonel. We took notice of the applicants complete
submission in judging the merits of the case; however, we did
not find that the applicant has provided substantial evidence
that he has been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this portion
of his application.
4. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting a
change to the applicants Retention/Retirement year anniversary.
The Air Force Reserve office of primary responsibility has
adequately addressed the issue presented by the applicant and we
are in agreement with its recommendation to grant the requested
relief. Accordingly, we recommend the applicants record be
corrected as indicated below.
5. 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 issue(s)
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 his
Retention/Retirement Year anniversary was established as
5 January 2007.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04448 in Executive Session on 2 July 2013, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Sep 12, w/atchs.
Exhibit B. Letter, AFRC/A1K, dated 20 Dec 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 11 Jan 13.
Panel Chair
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