RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00933
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
She be considered by a special selection board (SSB) for promotion
to major and/or for continuation as a captain.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She should not have been deferred for promotion while a medical
review of her case was pending and she should have been notified of
her pending promotion board.
In support of her appeal, applicant submitted a personal statement;
a letter from HQ ARPC/JA, dated 5 Jul 02, welcoming her into the
JAG’s Department and Reserve Category B Program; correspondence and
medical documents associated with her physical examination required
before she could be accepted back into the JAG program; and, a
letter from HQ ARPC/DPP, dated 11 Oct 02, advising her of her
second deferral for promotion.
Applicant’s complete submission at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on available records, applicant’s total years service date
(TYSD) is 21 Aug 89; her total federal commissioned service date
(TFCSD) is 21 Aug 92. At the time of this application, the
applicant was serving in the grade of captain, having been promoted
to that grade, effective 10 Mar 93. She has 6 years of
satisfactory federal service towards retirement. Applicant was
reassigned to the Nonaffiliated Reserve Section on 29 Oct 99.
She was considered by the FY02 JAG and Chaplain Major Selection
Board (V0402B), which convened on 19 Feb 01, and the FY03 JAG and
Chaplain Other than Selected Reserve Board (W0403B), which convened
on 22 Apr 02, but not selected for promotion by either board.
On 10 Jun 02, she was reassigned to HQ ARPC/JA and attached to the
337 ASUF OL-A, as a JAG officer.
Based on her second nonselection for promotion, the applicant’s
mandatory date of separation was adjusted to 1 Apr 03.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPB reviewed this application and recommended denial. The
applicant was considered but not selected by the FY02 JAG and
Chaplain Major Selection Board and the FY03 JAG and Chaplain Other
than Selected Reserve (OTSR) Major Selection Board. She was
considered by both boards while assigned to the Nonobligated,
Nonparticipating Ready Personnel Section (NNRPS).
Being an officer assigned to NNRPS, and as part of the Other than
Selected Reserve (OTSR), she was not eligible for continuation.
Only officers in a Selected Reserve position were considered for
continuation.
Officers on the Reserve Active Status List (RASL) are considered
for in-the-promotion- zone (IPZ) promotion far enough in advance so
that if selected, they can assume the grade at or before the
maximum time specified. The applicant was a part of the RASL at
the time of both boards and she was not eligible for continuation
as she was assigned to NNRPS.
A complete copy of the 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 18 Apr 03 for review and comment within 30 days. 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 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 basis for our conclusion that the applicant has
not been the victim of an error or injustice. 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 AFBCMR Docket Number
BC-2003-00933 in Executive Session on 19 June 2003, under the
provisions of AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. David W. Mulgrew, Member
Mr. Vaughn E. Schlunz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPB, dated 9 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 18 Apr 03.
OLGA M. CRERAR
Panel Chair
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