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 applicants 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 applicants
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 applicants 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 officers 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 applicants 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 doesnt 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 applicants 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 applicants 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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