RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01094
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge order be rescinded so that he may join the New York Air
National Guard (NY ANG).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He recently discovered that he was discharged from the Individual
Ready Reserve (IRR) effective 1 November 2002. He has been offered an
Aircraft Commander position with the NY ANG and would like to serve
his country again. He entered the IRR on 24 March 1999 due to non-
participation in the Air Force Reserve (AFRES). He was not aware that
he was eligible for promotion while a member of the IRR and was
subsequently passed over twice, thus prompting his separation.
In support of his appeal the applicant has provided a copy of a letter
to Senator John McCain as well as a copy of his last Officer
Performance Report (OPR).
A complete copy of his submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant joined AFRES on 7 May 1988 and served until he was
involuntarily reassigned to the IRR effective 15 October 1999, for non-
participation. Applicant acknowledged receipt and understanding of
this reassignment on 27 March 1999 and declined to submit rebuttal
statements.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP reviewed this application and recommended denial. DPP states
that the applicant was a member of the IRR and was assigned to the
Nonobligated Nonparticipating Ready Personnel Section (NNRPS). In
accordance with (IAW) Title 10, United States Code (USC), Section
14301, the applicant, while on the Reserve Active Status List (RASL),
was deemed eligible for promotion and indeed, the applicant was
considered for promotion at the appropriate times. DPP notes that the
applicant was notified of his second deferral for promotion to major
and that he would be discharged on his new adjusted mandatory
separation date of 1 November 2002. DPP states that the discharge was
executed IAW Title 10, Section 14505 and that the applicant had the
opportunity to contact the Promotion Eligibility Division for
clarification at any time regarding his consideration before each of
the promotion boards he met.
ARPC/DPP’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 2
May 2003 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 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.
The applicant must bear the responsibility for understanding the
different facets of his career, including the promotion system of
officers on the Reserve Active Status List. He was notified that he
would be meeting both promotion boards yet failed to obtain
clarification on the ramifications of such. Therefore, 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. Consequently, in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in
this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-
2003-01094 in Executive Session on 5 August 2003, under the provisions
of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Mike Novel, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 18 Apr 03, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 2 May 03.
VAUGHN E. SCHLUNZ
Panel Chair
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