RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00169
		
		COUNSEL:  NO 

		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His second non-selection to the grade of major (O-4) be declared void and removed from his record, and he be granted a Special Selection Board (SSB) for consideration for promotion to O-4.  

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APPLICANT CONTENDS THAT: 

He was denied a fair opportunity to compete for promotion during the CY12 United States Air Force Reserve (USAFR) Major Promotion Board (AO412A).  He was told he was to be promoted through a unit vacancy promotion when he transferred to the California (CA) Air National Guard (ANG) in Nov 11.  Neither he, his losing unit, nor his gaining unit were aware his records met the AO412A promotion board on 30 Apr 12.  He never received his promotion denial letter.  His losing unit took seven months to finish his last Officer Promotion Report (OPR) and therefore it was not available in time for the AO412A promotion board.  He was not aware a mandatory separation date of 1 Jan 13 was established for him until his unit was unable to cut Title 10 orders for him to support Operation ENDURING FREEDOM (OEF).  

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

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STATEMENT OF FACTS:

On 31 Jan 11, while serving in the Reserves as a C-17 pilot stationed at March Air Reserve Base, CA, the applicant was considered and not selected for promotion to the grade of O-4 during the CY11 USAFR Major Promotion Board (A0411A).

On 1 Nov 11, the applicant was appointed in the grade of captain (O-3) in the CA ANG.   

On 30 Apr 12, the applicant was considered and not selected a second time for promotion to the grade of O-4 during the CY12 USAFR Major Promotion Board (A0412A).  As a result of twice not being selected for the promotion to the grade of O-4, the applicant’s 1 Jan 13 mandatory separation date (MSD) was established.

On 31 Dec 12, the applicant separated from the Air Force due to being a two-time non-select for promotion.   

The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are included at Exhibits C and E. 

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AIR FORCE EVALUATION:

ARPC/PB recommends the Board approve a modification of the applicant’s request, indicating there was an error or injustice.  After the applicant transferred from his unit, he was required to have an OPR completed prior to the A0412A promotion board due to his “change of reporting official.”  The OPR was processed by his losing unit seven months after his transfer, and was missing from his record during the Board.  The applicant’s package contains a statement from the wing human resources office stating they were completely unaware of his pending promotion board, and would have provided better advice and guidance had they known.  Lacking this personnel guidance, the applicant did not have an opportunity to write a letter to the board as is each officer’s right, or work with his losing unit to ensure completion of the OPR in time for the Board.  Therefore, the signature dates on his OPR covering the period 27 Apr 11 through 31 Oct 11 should be corrected to reflect signature dates of 3 Jan 12 (OPR Blocks IV, V, VI, and VIII).  This change will make the OPR eligible for consideration by a SSB, and ensure fair and equitable consideration for promotion, as is afforded all officers. 

A complete copy of the ARPC/PB evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Feb 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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ADDITIONAL AIR FORCE EVALUATION:

NGB/A1PO recommends the applicant’s records be considered for correction in the manner suggested by ARPC.  If the applicant met the requirements to meet an SSB and was selected, that would remove the second non-selection from his record, and he could be promoted on the date he would have been given by the CY12 board.  Because the applicant was already once non-selected for promotion to O-4 by the CY11 AFRES Board, when he was appointed in the ANG, he was ineligible for position vacancy promotion in accordance with ANG Instruction 36-2504, Federal Recognition of Promotion in the Air National Guard (ANG) and as a Reserve of the Air Force Below the Grade of General Officer.  Therefore, even if the CA ANG had submitted a position vacancy promotion request on the applicant within the timeframe allowed for the A0412A promotion Board, his promotion request would have been disapproved.  

A complete copy of the NGB/A1PO evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Nov 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit F).

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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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that relief should be granted.  Therefore, we recommend the applicant’s 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 the that:

	1.  His non-selection to the grade of major (O-4) by the Calendar Year 2012 United States Air Force Reserve (USAFR) Major Promotion Board (AO412A) be declared void and removed from his record. 

	2.  The signature dates in Blocks IV, V, VI, and VIII on his Officer Performance Report covering the period 27 April 2011 through 31 October 2011 be corrected to read “3 January 2012.”

	3.  His corrected records be considered from promotion to the grade of major (O-4) by a Special Selection Board (SSB) for the USAFR A0412A Promotion Board. 

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The following members of the Board considered AFBCMR Docket Number BC-2013-00169 in Executive Session on 13 Feb 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 was considered:

	Exhibit A.  DD Form 149, dated 7 Jan 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/PB, dated 11 Feb 13, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 13.
	Exhibit E.  Letter, NGB-A1PO, dated 14 Nov 13.
	Exhibit F.  Letter, SAF/MRBR, dated 14 Nov 13.  




                                   
                                   Panel Chair