RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00623 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he resigned both his active duty and Reserve officer commissions on 31 Aug 04, rather than just his active duty commission. _________________________________________________________________ APPLICANT CONTENDS THAT: He left the Air Force to pursue a divinity degree so he could apply for an Air Force Chaplaincy. He did not know, nor was he advised, when he resigned his Air Force commission, he would have to also resign his Reserve commission. As a result, he was transferred to the Non-Participating Non-Ready Personnel Section (NNRPS) on 1 Sep 04. Consequently, and unbeknownst to him, he remained eligible for promotion consideration while a member of the NNRPS. He was passed over for promotion while he was sitting in Seminary even though he was never assigned to a Reserve unit or receiving Officer Performance Reports (OPRs). In support of his appeal, the applicant provides a copy of a transcript. Applicant’s complete submission is attached. _________________________________________________________________ STATEMENT OF FACTS: Applicant was commissioned in the Regular Air Force on 11 Apr 94. He served until 1 Sep 04, when he resigned his Regular commission. He was transferred as a matter of course to the NNRPS. On 2 May 06, he was notified of his second non-selection for promotion and his subsequent discharge in accordance with Title 10, United States Code (USC), Section 14505. Since he did not qualify for transfer to the Retired Reserve, he was discharged effective 1 Nov 06. _________________________________________________________________ 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 error or injustice. We find the applicant was miscounseled with regard to his military status when he left the service to attend school on a fulltime basis. Had he been advised properly, he would have submitted his resignation and been honorably discharged from all appointments in the United States Air Force. Consequently, we note the corrective action will render him eligible to apply for reappointment in the Air Force Chaplaincy program as is his stated intent. Therefore, we recommend that the records be corrected as indicated below. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 31 August 2004, he was not discharged and transferred to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS), but on that date he resigned his commission and was discharged from all appointments. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00623 in Executive Session on 22 June 2010, 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: DD Form 149, dated 28 Dec 08, w/atch. Panel Chair AFBCMR BC-2009-00623 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 31 August 2004, he was not discharged and transferred to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS), but on that date he resigned his commission and was discharged from all appointments. Director Air Force Review Boards Agency