RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00998
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His record be corrected to show he was not twice passed over to the grade of lieutenant colonel (O-5).
2. His grade be changed from major (O-4) to captain (O-3), with an appropriate date or rank (DOR) to O-3.
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APPLICANT CONTENDS THAT:
When he transferred from the U.S. Navy Reserve (USNR) to the U.S. Air Force Reserve (USAFR), he retained the grade of 0-4 in error, resulting in his being unjustly twice passed over to O-5 and separated. He served in the USNR as a line officer in the grade of O-4. When he transferred to the USAFR, he became a non-line officer in a new competitive category (Judge Advocate). He should have entered the USAFR (Judge Advocate) as an O-3. In addition, the Air Force Instruction (AFI) stated that an officer transferring into the Air Force should not be given a DOR that subjects them to a promotion board within one year of the transfer or without a completed officer performance report (OPR) on file. When he inquired about these errors, he was told to just hope for the best on his O-5 promotion board, but he was subsequently passed over for promotion.
The applicants complete submission, with attachment, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant served in the U.S. Navy Reserve in the grade of O-4.
On 3 Aug 10, the applicant was appointed to the USAFR Judge Advocate Corps in the grade of major (O-4) under Appointment Order PA-00048, dated 2 Nov 10.
The applicant was subsequently considered but not selected for promotion to the grade of lieutenant colonel (O-5) during the CY11 and CY12 LAF-J (Judge Advocate) promotion selection boards. As a result, his mandatory separation date (MSD) was established as 1 Mar 13.
On 3 May 13, the Air Force Personnel Counsel (SAFPC) approved the applicants request to extend his mandatory separation date (MSD) to 1 Mar 15.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
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AIR FORCE EVALUATION:
ARPC/DPA recommends approval, indicating there is evidence of an error. The applicant was assessed into the USAFR improperly through no fault of his own. On 3 Aug 10, the applicant transferred from the USNR to the USAFR in the same grade he held in the parent service in accordance with AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional CategoriesReserve of the Air Force and United States Air Force, Table 2.3. However, the cited reference does not apply to his type of transfer. He should have been commissioned as a direct competitive category appointment in the grade of O-3 (captain).
A complete copy of the ARPC/DPA evaluation, with attachment, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He concurs with the ARPC/DPA evaluation (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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief should be granted. Therefore, we recommend the applicants record be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:
1. On 2 August 2010, he was directly assessed to the Air Force Reserve (AFR) Judge Advocate career field in the grade of captain (O-3), with a date of rank (DOR) of 25 July 2001 and an effective pay date of 13 May 2005.
2. His non-selections to the grade of lieutenant colonel (O-5) on the CY12 and CY13 Line of the Air ForceJudge (LAF-J) promotion selection boards be declared void and removed from his records.
3. His Officer Promotion Reports (OPR) rendered after 2 August 2010 be corrected to show he held the grade of captain (0-3), instead of major (O-4).
It is further directed that his corrected records be considered for promotion to the grade of major (O-4) by Special Selection Board (SSB) for the V04011B, V0412B, and V0413B Major Central Selection Board for the Judge Advocate Corps. However, any nonselections for promotion to the grade of major prior to his having three OPRs on file closing out after 2 August 2010, each with a minimum of 250 days of supervision in the grade of captain, will be set aside.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00998 in Executive Session on 12 Dec 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 pertaining to AFBCMR Docket Number BC-2013-00998 was considered:
Exhibit A. DD Form 149, dated 22 Feb 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPA, dated 1 Mar 13, w/atch.
Exhibit D. Letter, AFPC/DPSID, dated 8 Mar 13.
Exhibit E. Letter, Applicant, dated 4 Apr 13.
Panel Chair
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