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AF | BCMR | CY2013 | BC 2013 02534
Original file (BC 2013 02534.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:  				DOCKET NUMBER:  BC-2013-02534
							COUNSEL: NONE
                     				HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of rank (DOR) to captain (O-3) be corrected and, if 
applicable, she be promoted to major (O-4).  

________________________________________________________________

APPLICANT CONTENDS THAT:

Her date of promotion to captain is completely random and 
arbitrary.  In May 2006, when she separated from active duty, 
her records reflected that she was completely separated rather 
than released to the Individual Ready Reserve (IRR).  Her 
previous appeal to the Air Force Board for Correction of 
Military Records (AFBCMR) resulted in a correction in her 
records to reflect she was released to the IRR in the Obligated 
Reserve Section (ORS) (non-participating status).  Subsequently, 
her records met three Special Selection Boards (SSB) for 
promotion to captain; however, it resulted in no change to her 
promotion effective date.  

The SSBs did not have grounds to prevent her from her promotion.  
Her performance documentation did show her non-completion of 
undergraduate pilot training and navigator training, but that 
alone is not grounds for withholding promotion.  

In support of her appeal, the applicant provides a personal 
statement and, copies of congressional inquiry documents, and 
her AFBCMR Docket Number BC-2009-03071 case file documents.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of captain with a date of rank of 1 April 2010.  

The remaining relevant facts extracted from the applicant’s 
official military service records, are contain in the evaluation 
by the Air Force office of primary responsibility at Exhibit C.  

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/PB recommends denial.  PB states the applicant asserts that 
when she joined the Air Force Reserve in 2007, the recruiter 
forgot to have her take the Oath of Office, which would have 
triggered her clock for promotion to captain.  After she took 
her Oath, she was promoted to captain effective 1 April 2010.  A 
previous AFBCMR action changed the applicant’s discharge to 
civilian status at the time of her release from active duty in 
May 2006, to a reassignment to the IRR in the ORS.  Based on the 
removal of a civilian status (a break in service) and assignment 
to the ORS, Title 10, United States Code (USC), Section 14502, 
entitled her to SSB consideration in lieu of the missed 
promotion opportunities for Fiscal Year 2008 (FY08), FY09, and 
Calendar Year 2009 (CY09) Line and Nonline Nonparticipating 
Reserve Captain Promotion Process (W0308A, 1 May 2007; V0309A, 
1 April 2008; and V0309C, 1 April 2009).  

From 2003 through today, a first lieutenant in the Reserve of 
the Air Force can be promoted to captain at the two-year point, 
provided the officer’s senior rater does not submit a fully 
justified “Do Not Promote” recommendation to the Office of the 
Secretary of the Air Force.  The applicant was promoted by the 
CY09 Line and Nonline Participating Reserve Captain (2nd Half) 
Promotion Process (V0309D), the first promotion opportunity 
available after her return to a participating assignment.  

The applicant’s record was subsequently considered by three SSBs 
for promotion to captain with an earlier promotion effective 
date.  However, she was found not fully qualified for promotion 
at each SSB.  A review of her record reveals that at each SSB, 
her record contained only training reports documenting her non-
completion of both undergraduate pilot training and navigator 
training.  No other performance documentation was available.  A 
“Do Not Promote” recommendation was not received for any of the 
SSB opportunities.  Had the applicant not been wearing the grade 
of captain already, she would have had a projected Mandatory 
Separation Date (MSD) of 7 August 2010, for failure of being 
selected for promotion to the grade of captain.  

The complete PB evaluation, with attachment, is at Exhibit C.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

It appears something went wrong at the SSBs.  She made captain 
on 1 April 2010 prior to the correction of her service dates.  
If the SSB sees the same “whole person” that the regular 
promotion board saw, then she doesn’t understand what the 
discrepancy is about.  She is the same “whole person” now than 
she was then.  

She is aware that her records show she chose to leave navigator 
training in 2005.  She now understands that she made a mistake.  
However, she was completely within the rules and did nothing 
wrong.  The Air Force has already punished her for that crime 
when she separated from active duty.  However, choosing not to 
complete training is not grounds for withholding a promotion.  
If there was a standard she did not meet, she wants to be told 
what that standard is so she can correct herself.  

The applicant’s compete rebuttal is at Exhibit E.  

__________________________________________________________________

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 an error or an injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  We 
took note of the applicant’s assertion she should have been 
promoted to the grade of captain earlier; however, she has not 
provided evidence to establish that an error exists in her 
record or that an error occurred during the SSB process.  
Additionally, she has not provided evidence to show she was 
treated differently from other similarly situated members.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

4.  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.

________________________________________________________________

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-2013-02534 in Executive Session on 27 February 2014, under the 
provisions of AFI 36-2603:

	                      , Panel Chair
	                      , Member
	                      , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-02534:

Exhibit A.  DD Form 149, dated 21 May 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, ARPC/PB, dated 11 Jun 13, w/atch.
Exhibit E.  Letter, SAF/MRBR, dated 21 Jun 13. 
Exhibit F.  Letter, Applicant, dated 15 Jul 13.




								                     
								Panel Chair




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