RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-02561
INDEX CODE 131.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His promotion to major by the Fiscal Year 2003 (FY03) Reserve Major
Selection Board be carried over with his entry into active duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He competed successfully with his peers on the FY03 Reserve Major
Selection Board and was promoted to the Reserve rank of major.
However, he returned to active duty due to the extended active duty
(EAD) recall at the end of Dec 01. Active duty will not honor the
Reserve promotion.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, an Air Force Reservist, entered EAD on 14 Dec 01 as a
captain with a date of rank (DOR) of 29 May 95. On 11 Feb 02, he was
erroneously considered and selected for promotion to the grade of
major by the FY03 Air Force Reserve Major Selection Board which
convened at the Air Reserve Personnel Center.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPO notes that DODD 1310.1 and Title 10, USC, Section
1431.7, allow for the transfer of a Reserve promotion to the Active
Duty List (ADL) if an officer of the Reserve Active Status List (RASL)
and on a promotion list as a result of selection for promotion by a
mandatory promotion board or a Special Selection Board (SSB) and who,
before being promoted, is placed on the ADL of the same Armed Forces
and in the same competitive category. However, the applicant was not
on a promotion list before being placed on the ADL. Therefore, because
the applicant was on the ADL, he was not eligible to be boarded or
promoted by a Reserve promotion board. There are no other regulatory
or legal provisions that can authorize his promotion transfer to
active duty. Denial is recommended.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 11 Oct 02 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded
that his request should be granted. Applicant’s contentions are duly
noted; however, we do not find these uncorroborated assertions, in and
by themselves, sufficiently persuasive to override the rationale
provided by the Air Force. The applicant was erroneously boarded by
the FY03 Reserve Major Selection Board. He was not on a promotion list
before being placed on the ADL. When he was on the ADL, he was not
eligible to be boarded or promoted by a Reserve promotion board. We
therefore agree with the recommendations of the Air Force and adopt
the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden of having suffered either
an error or an injustice. In view of the above and absent persuasive
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
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 this application in
Executive Session on 7 January 2003 under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mrs. Diane Arnold, Member
Mr. Billy C. Baxter, Member
The following documentary evidence relating to AFBCMR Docket Number 02-
02561 was considered:
Exhibit A. DD Form 149, dated 7 Aug 02, w/atch.
Exhibit B. Letter, HQ AFPC/DPPPO, dated 30 Sep 02.
Exhibit C. Letter, SAF/MRBR, dated 11 Oct 02.
PEGGY E. GORDON
Panel Chair
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