RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04553
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

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APPLICANT REQUESTS THAT:

1. His record be corrected to reflect his discharge date from 
the Inactive Status List Reserve Section (ISLRS) as 20 January 
2003 rather than 8 April 2004.  

2. His accession rank be changed to major with a date of rank 
(DOR) of 9 April 2004 and he receive all pay and allowances.

3. His record be further corrected to account for his denied 
promotion opportunities to lieutenant colonel and colonel, in 
that he was not considered by promotion board for which he would 
have been eligible had he been accessed in the correct rank. 
(The applicant did not specifically state the relief he sought.) 

4.  His record be further corrected to account for his denied 
opportunity to timely complete Professional Military Education 
(PME), in that his incorrect accession rank affected his 
eligibility for PME.  

5. By amendment at Exhibit E, he be directly promoted to the 
grade of lieutenant colonel and colonel with appropriate pay and 
allowances.

6.  By amendment at Exhibit E, he be provided “missed pay” for 
March 2008 through April 2010 during which time he was 
reassigned from Category B to Category E status.
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APPLICANT CONTENDS THAT:

1. He was transferred to the Non-Obligated Ready Personnel 
Section (NNRPS) because the Air Reserve Personnel Center (ARPC) 
deleted his position due to a Reduction in Force (RIF) that was 
not his fault.  Subsequently, he was transferred to the Inactive 
Status List Reserve Section (ISLRS); however, he should have 
been discharged from ISLRS after 3 years (Jan 03).  He was 
erroneously kept in ISLRS until 8 Apr 04.  Then, he was lucky 
enough to find a Selective Reserve (SELRES) position and 
assigned to it.  However, he was reassigned from the ISLRS to 
the SELRES as a captain, but should have been discharged and 
brought back into the SELRES under the new accessions 
guidelines.  He would have been accessed as a major due to his 
advanced graduate degree and professional work experience 
totaling over 15 years.  

2. The following errors occurred:  

	a. He was appointed to the incorrect rank of captain versus 
major.

	b. The inaccurate rank appointment resulted in years of 
inaccurate pay.

	c. He was ineligible to competitively gain promotions, which 
he would have been eligible for consideration under the 
Lieutenant Colonel (Lt Col) Position Vacancy (PV) promotion 
board in Jun 08 and subsequent promotion boards.  He would have 
also been eligible for the mandatory promotion board in Jun 10 
and subsequent promotion boards. Because the errors continued he 
was removed from competitive eligibility for PV promotion to 
colonel in Jun 11 and subsequent promotion boards.  

	d. His current date of rank (DOR) of 1 Oct 07 would not have 
made him eligible for Lt Col PV promotion until Jun 13 and 
subsequent promotion boards, and the mandatory board until Jun 
14, exceeding 21 and 22 years of service, respectively, thus 
placing him into retirement.

	e. By accessing him incorrectly, it limited his ability of 
completing the required Squadron Officer’s School (SOS) 
Professional Military Education (PME) instead of being eligible 
to complete Air Command and Staff College (ACSC), which he is 
currently enrolled in.  

In support of his request, the applicant provides copies of his 
reserve orders, an excerpt from AFI 36-2115, Assignments within 
the Reserve Components; AFI 36-2005, Appointment in Commissioned 
Grades and Designation and Assignment in Professional Categories 
– Reserve of the Air Force and United States Air Force; and DoDD 
1235.13, Management of the Individual Ready Reserve (IRR) and 
the Inactive National Guard (ING).

His complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of major (0-4) with a date of rank of 1 Oct 07.

According to ARPC/DPTT, the applicant’s obligation expired and 
he was transferred to the NNRPS for three years beginning 31 Dec 
97.  Effective 20 Jan 00, he was transferred into the ISLRS 
where he remained until he found an assignment on 9 Apr 04.

The governing AFI states that Reserve officers generally remain 
assigned to ISLRS for three years after which time they may be 
screened for discharge.  

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

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AIR FORCE EVALUATION:

1. ARPC/DPTT recommends partial approval.  They recommend the 
applicant be discharged after three years in ISLRS, with an 
effective date of 20 Jan 03.  Further, if the applicant is 
reappointed as a major with 13 years 2 days of constructive 
credit, his date of rank (DOR) to major will be 27 May 02; he 
would have been Position Vacancy (PV) promotion eligible by the 
FY07 and FY08 Line and Health Professions PV Lt Col Promotion 
Selection Boards (conducted on 12 Jun 06 and 11 Jun 07, 
respectively).  In both instances, his senior rater of record at 
the time of each board should be given the opportunity to 
nominate the applicant for PV promotion using AF Form 709, 
Promotion Recommendation Form (PRF).  However, if the senior 
rater chooses not to nominate, the applicant does not have PV 
promotion eligibility.

2. In addition, he would have been eligible to be considered by 
the FY09 and CY09 Line and Health Professions Lt Col Promotion 
Selection Boards (conducted on 9 Jun 08 and 1 Jun 09, 
respectively); the senior rater of record must complete a PRF.  

3. The number of years of creditable service will not force the 
applicant into retirement.  He will not have a mandatory 
separation date (MSD) until he is either twice deferred for 
promotion to lieutenant colonel, or he is promoted to the grade 
of lieutenant colonel, at which time his MSD becomes 28 years of 
commissioned service.

The complete DPTT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a three page rebuttal, the applicant addresses ARPC/DPTT’s 
letter by amending his BCMR request to reflect:


	a. He be directly promoted to the grade of lieutenant 
colonel.  He asserts that his chain of command would have 
appointed him in the correct rank of major and recommended him 
for PV promotion to the grade of lieutenant colonel.  

	b. He be directly promoted to the grade of colonel, as an 
active Reservist or promote him to the rank of colonel upon 
retirement.

	c. His records be corrected to reflect the correct pay and 
allowances, to include missed pay during Category E years.  
Specifically, the Air Force Reserve Command, Pay Section, told 
him that a Category B, major, would be paid $19K and 22K as a 
lieutenant colonel.

In support of his appeal, the applicant provides a personal 
letter, a copy of ARPC/DPTT’s letter and letters of support.

The applicant’s complete submission is at Exhibit E. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate error or injustice with regard to the applicant’s 
request to be directly promoted to lieutenant colonel and 
colonel, and to receive all pay and allowances associated with 
these promotions.  While we can appreciate the applicant’s 
feelings with respect to the course of events he describes, we 
are not convinced these circumstances warrant his direct 
promotion to lieutenant colonel and colonel.  In fact, while 
ARPC/DPTT agreed that some error or injustice occurred, we 
believe a direct promotion should be granted only under 
extraordinary circumstances; i.e., a showing that the officer’s 
record cannot be reconstructed in such a manner so as to permit 
him/her to compete for promotion on a fair and equitable basis 
or that had the original errors not occurred, the probability of 
his being selected for promotion would have been extremely high.  
We do not find the evidence to satisfy these factors in this 
case.  We considered the applicant’s assertion that his 
incorrect accession rank delayed his opportunty to complete PME, 
but do not find this to be an extraordinary circumstance that 
precludes fair and equitable consideration at an SSB.  Rather, 
these are circmustances that can be accounted for in an SSB.  We 
also considered the applicant’s assertions regarding his 
outstanding performance and strong endorsements from members of 
the applicant’s rating chain, who indicated that they would have 
nominated the applicant for 2006/2007 lieutenant colonel PV 
Boards but for the error in his accession rank.  However, we do 
not find this to be sufficient to establish an extrememly high 
probability that the applicant would have been competitively 
selected for promotion by the Promotion Boards in question.  
Therefore, we find no basis to recommend direct promotion.  
Rather, we find SSBs to provide the most appropriate releif by 
affording the applicant missed opportunities to fairly complete 
for promotion at properly convened special boards, designed to 
fairly address circumstances like the applicant’s.  Finally, we 
find insufficient evidence that error or injustice caused the 
applicant to be reassigned from Category B to Category E from 
March 2008 to April 2010.  We do not find the evidence 
sufficient to conclude that the applicant would have remained in 
a Category B position had he been accessed in the proper rank.  
Moreover, even if we found error or injustice in the applicant’s 
assignment to Category E, we do not find back-pay to be an 
appropriate relief because it would compensate the applicant at 
a higher Category B rate for a period of time in which he 
actually served in Category E.

4.  Nothwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice warranting partial relief.  After a thorough review of 
the evidence submitted we agree with the recommendation from the 
Air Force office of primary responsibility to correct the 
applicant’s record to show that he was discharged from ISLRS 
effective 20 January 2003 rather than 8 April 2004 in accordance 
with governing instructions.  In addition, due to our 
recommended correction, we believe the applicant’s accession 
rank should be changed to major with a date of rank of 27 March 
2002.  The applicant should also be afforded Special Selection 
Board (SSB) consideration for all appropriate Line and Health 
Professions Position Vacancy Lieutenant Colonel Promotion 
Selection Boards.  We note that SSB consideration for 
appropriate Colonel Selection Boards would depend on the results 
of Lieutenant Colonel SSBs.  Therefore, we recommend that his 
records be corrected to the extent 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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

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

	a. He was discharged from the Inactive Status List Reserve 
Section effective 20 January 2003 rather than 9 April 2004.  

	b. He was accessed as a major with a date of rank of 
27 March 2002, rather than a captain with a date of rank of 
21 March 1993.

      c. He be considered for promotion to the grade of 
lieutenant colonel by Special Boards (SB) for the FY07 (U0507A, 
12 Jun 06) and FY08 (U0508A, 11 Jun 07) Line and Non-Line 
Lieutenant Colonel Position Vacancy Promotion Selection Boards, 
and Special Selection Boards (SSB) for the FY09 (V0509A, 9 Jun 
08), and CY09 (V0509D, 1 Jun 09) Line and Health Professions 
Lieutenant Colonel Participating Reserve Promotion Selection 
Boards.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-04553 in Executive Session on 23 Jul 13, 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 Docket Number BC-2012-04553 
was considered:

    Exhibit A.  DD Form 149, dated 13 Sep 12, w/atchs.
    Exhibit C.  Letter, ARPC/DPTT, dated 3 Jan 13.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 13.
    Exhibit E.  Letter, Applicant, undated, w/atchs.




                                   
                                   Panel Chair









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