RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03421
            INDEX CODE:  102.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reserve commission be voided and her Reserve records  be  expunged  from
the Reserve system.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She resigned her Regular Air Force commission so  that  she  could  continue
her career in the Reserves because her spouse was an Army  officer  and  she
did not want to split up their family  for  3  or  more  years.   After  her
arrival at Savannah, GA, she received a fact  sheet  from  the  Air  Reserve
Personnel  Center  (ARPC).   She  immediately  contacted  a  recruiter   for
assistance in obtaining a Reserve assignment, but was  told  there  were  no
positions available in her career field.  Her husband received  notification
of an assignment move  to  Leavenworth,  KS.   She  contacted  the  Military
Personnel Flight and obtained a position in the  Command  Post  at  Whiteman
AFB, MO.  However, she could not finalize  the  administrative  requirements
for the position.  She was then notified by ARPC that  she  had  been  twice
notified of her nonselection for promotion to major and  was  scheduled  for
discharge.   Her  Fiscal  Year  2003  (FY03)  pre-selection  brief  did  not
indicate that this was her second consideration for promotion to major.   In
fact, she believed it was her first consideration since she did not  receive
notification she had been previously considered.

Officers in her category had a 3  percent  selection  rate  compared  to  89
percent for those participating officers.  She was  also  not  selected  for
continuation because she was not participating.  She was told  by  personnel
at ARPC that everyone considered was sent a letter notifying them  of  their
consideration during the first board and that it did not matter  because  it
would not have changed her chances  for  promotion.   However,  if  she  had
known she was being considered, she could  have  written  a  letter  to  the
board to explain why she had not participated.  She feels  that  she  is  in
this position because of a chain of events over which she  had  no  control.
Had she known this, she would have delayed asking for a  Reserve  commission
until she had found a unit in which she could participate.

In support of her request, applicant provided a personal statement,  a  fact
sheet, her  pre-selection  brief,  and  a  letter  from  her  husband.   Her
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  entered  extended  active  duty  on  23  Jul  90.   She  was
progressively promoted to the grade of captain.  She  resigned  her  regular
commission effective 19 Aug 00 upon completion of her required service.   On
20 Aug 00, she executed an AF Form 133,  Oath  of  Office,  and  accepted  a
Reserve  commission.   She  was   assigned   to   the   Non-obligated   Non-
participating Ready Personnel Section (NNRPS) on 26 Sep 00.

She was considered and not selected for promotion to the grade of  major  by
the FY02 (19 Feb 01) and FY03 (11 Feb 02) Line and Health Professions  Major
Selection Boards.  She was discharged from the Air Force Reserves  effective
1 Nov 02.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends denial of applicant's request.  DPA  states  that  there
were no irregularities in the manner in  which  she  met  promotion  boards.
Since records are not retained, there are no records on  file  to  show  she
was notified that she was going to meet the FY02 board or that she had  been
passed over.  She voluntarily accepted and properly executed a Reserve  oath
according to Title 5, U.S.C.  The DPA evaluation, with  attachments,  is  at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20  Dec
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.      Sufficient relevant evidence has been presented to  demonstrate  the
existence of an injustice  warranting  partial  relief  of  the  applicant’s
request.  In this respect, we note that it appears  the  applicant  was  not
notified that she had been non-selected for  promotion  by  the  FY02  major
board.  As  a  result  of  not  being  notified,  she  was  deprived  of  an
opportunity to prepare her record for the FY03  selection  board.   The  Air
Force has suggested that her nonselection by the FY02 board  be  voided  and
ser be provided sufficient  time  (4  months)  to  find  an  assignment  and
participate for one year before being considered for promotion.  We  believe
that the appropriate relief, under the  existing  circumstances,  we  be  to
correct her records to show that she was not  considered  for  promotion  by
the CY02 and CY03 selection boards and, provided she finds an assignment  by
1 October 2003, any nonselection  for  promotion,  prior  to  obtaining  one
officer  performance  report,  also  be  declared  void.   It  will  be  the
applicant’s responsibility to find an appropriate assignment  be  l  October
2003.  Since the applicant voluntarily  accepted  a  Reserve  commission  in
2000, we do not believe that her request for voidance of this action  should
be approved.  The above-recommended  corrections  to  her  records,  in  our
opinion, provided full and fitting relief.  In  view  of  our  findings,  we
recommend her records be corrected to the extent 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:

      a.  She was not considered for  promotion  to  the  reserve  grade  of
major by the Fiscal Years 2002 and 2003 Air Force  Reserve  Major  Selection
Board.

      b.  She was not discharged from the Air Force Reserves  on  1 November
2002;  rather,  she  continued  to  be   assigned   to   the   Non-obligated
Nonparticipating Ready Personnel Section (NNRPS).

Provided she obtains  an  assignment  by  1  October  2003,  it  is  further
directed that any  consideration  and  non-selected  for  promotion  to  the
reserve grade of major  before  receiving  one  annual  Officer  Performance
Report (OPR) be, and hereby is, set aside.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03421
in Executive Session on 9 Apr 03, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Martha Maust, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Sep 02, w/atchs.
    Exhibit B.  Letter, ARPC/DPA, dated 10 Dec 02.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Dec 02.




                             MICHAEL K. GALLOGLY
                                             Panel Chair

AFBCMR BC-2002-03421



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:

            a.  She was not considered for promotion to  the  reserve  grade
of major by  the  Fiscal  Years  2002  and  2003  Air  Force  Reserve  Major
Selection Board.

            b.  She was not  discharged  from  the  Air  Force  Reserves  on
1 November 2002; rather, she continued to be assigned to  the  Non-obligated
Nonparticipating Ready Personnel Section (NNRPS).

      Provided she obtains an assignment by 1 October 2003,  it  is  further
directed that any  consideration  and  non-selected  for  promotion  to  the
reserve grade of major  before  receiving  one  annual  Officer  Performance
Report (OPR) be, and hereby is, set aside.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency