RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00428
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His mandatory separation date (MSD) of 1 Jul 14 be removed from his record so he can met the lieutenant colonel promotion board in June 14.
APPLICANT CONTENDS THAT:
His MSD is in error because he was not part of the Air Force Reserve from 2004 to 2008. He separated from the Regular Air Force in Oct 04, and joined the Air Force Reserve in Apr 08. His date of rank (DOR) for major (O-4) was changed to 1 May 06 to account for his gap in service. This change in DOR resulted in him meeting the lieutenant colonel (O-5) promotion board in 2012 instead of 2013. By removing his MSD, he would meet the Jun 14 O-5 promotion board, which would allow him to complete 18 years of service and qualify for retention to 20 years under the rules governing sanctuary. He has earned more than 5190 points towards retirement as a reservist and for this reason he feels being forced to separate without retirement as an officer is an injustice based on his extensive service as an officer.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 1 Jun 94.
On 31 Aug 04, the applicant was furnished an honorable discharge, and was credited with ten years and three months of active service.
On 1 Sep 07, the applicant was reassigned from the Non-Obligated Non-Participating Ready Reserve Personnel Section (NNRPS) to the Inactive Status List Reserve Section (ISLRS) until 1 Apr 08, at which time he accepted a position as an Individual Mobilization Augmentee (IMA).
On 15 Aug 13, the applicant received a Second Deferral for Promotion notification from the Director, Total Force Service Center-Denver.
On 1 Jul 14, the applicant was honorably discharged from all appointments in the United States Air Force.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. The applicant separated from the Regular Air Force 31 Aug 04. He was appointed into the Non-Obligated Non-Participating Ready Personnel Section (NNRPS) because he incurred a three year service commitment upon receipt of separation pay. He remained in the NNRPS until his service commitment ended 31 Aug 07. He was then assigned to the Inactive Status List Reserve Section from 1 Sep 07 until he accepted an Individual Mobilization Augmentee (IMA) position on 1 Apr 08. When he met his second Reserve promotion board and was not selected for promotion, he incurred a MSD. Since his Total Federal Commissioned Service Date is 1 Jun 94, his MSD was established as 1 Jul 14, the first day of the month after completing 20 years of commissioned service, in accordance with Title 10, United States Code, Section 14506. Based on his DOR of 1 May 06, he was properly considered by both the CY12 and CY13 USAFR O-5 promotion selection boards. The applicants MSD is correct. It was established by law due to his second deferral for promotion.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-00428 in Executive Session on 27 Jan 15 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 27 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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