RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00766
INDEX NUMBER: 131.10
XXXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His two nonselections to the grade of captain by the Air Force Reserve
Fiscal Year (FY) 1996 and FY97 Line and Nonline Captains Promotion
Boards be set aside and he be allowed to enter the Air Force Reserve
as a first lieutenant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His efforts to reenter the Air Force Reserves have been futile.
The “up-or-out” promotion procedure has been wrongly applied to him,
as he had been actively attempting to reenter the Air Force Reserve
since leaving active duty.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 5 Jan 90 as a second lieutenant
to attend specialized undergraduate navigator training (SUNT). On 10
Apr 90, his training squadron commander initiated a training review
and recommended his elimination from SUNT due to academic deficiency.
The Training Review convening authority recommended the applicant’s
administrative elimination. It was determined that the applicant’s
deficiency was not due to factors over which he had control. The
applicant was recommended for disenrollment from training, not to be
considered for reinstatement into the course at a later date, to be
considered for further technical training, and to be retained in
service. After his final review, the convening authority recommended
the applicant’s elimination from training. On 16 Apr 90, the approval
authority approved the applicant’s elimination from SUNT. The
applicant was released from active duty on 15 May 90 and transferred
to the obligated Reserves. While in the obligated Reserves, the
applicant was promoted to the grade of first lieutenant. He was
considered and not selected for promotion to captain by the FY96 and
FY97 Air Force Reserve Line and NonLine Captains Promotion Boards. As
a result of his second nonselection to captain, the applicant was
assigned to the Nonaffiliated Reserve Section. He was required to be
discharged 1 year and 90 days after the date on which he would have
been promoted if he had been selected by the FY96 promotion board. He
was discharged from all appointments in the Air Force on 10 Aug 97.
The applicant is not eligible for commission in the Reserve components
as he is a twice-deferred officer. He is also not eligible to enlist
since he has no prior enlisted service or earned participation credit
as an enlisted member.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial of the applicant’s request. As a twice-
deferred officer, the applicant is not eligible for commission in the
Reserve components. He was not a prior enlisted member and is not
eligible to enlist or reenlist.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluation, the applicant clarified
his request to the board. He indicates that he is requesting to have
his nonselections for promotion to captain set aside and to be allowed
to reenter the Reserves.
The applicant provides background on his Air Force career and
discusses the efforts he has made to reenter the Air Force. He
indicates that he does not believe the “up-or-out” system was intended
for individuals with his circumstances.
The applicant’s complete submission is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's 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 and adopt their rationale as the
primary basis for our conclusion that the applicant has not been the
victim of an error or injustice. Although the applicant asserts that
he made continual efforts to affiliate with a Reserve unit, he did not
provide a detailed account of his actions. Given the number of years
since his initial release from active duty, the Board was not
persuaded that he exhausted all avenues available to him to join a
Reserve unit. Therefore, in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 Docket Number BC-2003-
00766 in Executive Session on 4 June 2003, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Marcia Jane Bachman, Member
Ms. Marilyn Thomas, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPB, dated 8 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 11 Apr 03.
Exhibit E. Letter, Applicant, dated 2 May 03.
CHARLENE M. BRADLEY
Panel Chair
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