RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03815
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) and effective date of  promotion  to  major  be
adjusted from 1 October 2003 to 1 October 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving as a traditional guardsman with the Nevada Air  National
Guard (NVANG) his records entered a mandatory promotion cycle.  He did
not receive a pre selection brief or letter or any  instruction  prior
to the FY02 Major Selection Board.  On 31  March  2001,  he  left  the
NVANG after  receiving  verbal  assurances  that  the  California  Air
National Guard (CAANG) had a position for him.  He  was  non-selected.
He received no post board counseling to indicate any possible  reasons
for his non-selection.  He contends an Article 15 that he received  on
30 October 1998 had been in his Officer Selection Folder (OSF) when it
met the FY02 selection board.  Had he received  post-board  counseling
he would have known that he could have requested  the  Article  15  be
removed from his record prior to meeting  the  next  promotion  board.
The personnel office at his new base (CAANG) informed him that had  he
received the pre board briefing from them that he probably still would
not have known of the requirement to remove the Article 15 by  written
request.

He contends additional errors by the NVANG caused his  records  to  be
transferred to HQ Air Reserve Personnel Center (ARPC) that caused  him
to be entered into the Individual Ready Reserve (IRR) instead of being
transferred to the CAANG.  Consequently,  an  unintentional  break  in
service occurred.  The process to appoint him in the CAANG took longer
than expected, and he stayed a member of the IRR.  Consequently he was
appointed in the CAANG on 8 February 2002.  His  records  had  already
been pulled and screened (with the Article 15 included)  to  meet  the
FY03 Air Force Reserve Line and  Health  Professions  Major  Selection
Board, which convened from 11-15 February 2002.  Again, he received no
pre brief or pre board counseling and his new unit was unable to  have
his record removed from consideration prior to the FY03 board.

He was not selected and the CAANG recommended he request  the  Article
15 be  removed  from  his  record  and  concurrently  request  Special
Selection Board (SSB) consideration.  He received SSB consideration in
October 2002 at the Air Reserve Personnel Center (ARPC).  He  was  not
selected and an investigation revealed that the Article  15  had  been
removed but was placed back into  his  OSR  prior  to  the  SSB.   The
Article 15 was removed again, he was considered by the FY04 ANG  Major
Selection Board  and  he  was  recommended  for  promotion  to  major,
effective and with a DOR of 1 October 2003.

He contends that had errors not occurred and he had  been  transferred
to the CAANG as planned his records would not have  met  an  incorrect
board (FY02).  Additionally, he feels that if he had been afforded the
appropriate pre board counseling he would  have  had  the  Article  15
removed prior to the FY03 selection board and his  record  would  have
appeared as it did for the FY04 board in which he was recommended  for
promotion.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently a member of the CAANG, serving in the grade
of major.  On 17  October  2000,  he  was  provided  an  Officer  Pre-
selection Brief (OSB) with instructions and guidelines for  submitting
a letter to the FY02 Major Selection Board.  On 22 February 2001,  the
applicant tendered his resignation from all ANG appointments.   On  30
March 2001, he was discharged from the NVANG and transferred  to  ARPC
effective 31 March 2001.  On 18 April 2001, he  was  notified  by  his
former unit of his non-selection to major by the FY02 Reserve  of  the
Air Force Line and Non-line Major Selection Board.

Applicant applied for and was accepted by the CAANG.  His  application
for membership in the CAANG required two waivers, one for  being  once
deferred by a central selection board for promotion and the other  for
an Article 15 he received while serving on active duty  with  the  Air
Force.  Both waivers were ultimately approved.  Additionally,  it  was
discovered he needed his aeronautical orders revalidated.  As part  of
this process, he was required to undergo a Flying  Class  II  physical
exam.  The physical results were sent to HQ ANG/SGPS who returned  the
physical for more information.  When the  additional  information  was
provided, the  physical  was  approved  and  the  appointment  of  the
applicant in the CAANG was accomplished effective 8 February 2002.

His records contained an Article 15 he received in October 1998.   The
Article 15 was part of his record when he met the FY02  and  the  FY03
Promotion Boards and he was non-selected on  both  attempts.   He  had
requested the removal of the Article 15 prior to  the  FY03  selection
board that was approved, however;  it  was  approved  after  the  FY03
selection board had met.  Additionally, since he had been appointed in
the CAANG, he should have met  the  ANG  FY03  Major  Selection  Board
instead of the AFRES Major Selection Board.  He record  had  not  been
updated to show his ANG appointment prior to him meeting  the  Reserve
selection board.  As a result, he met  an  SSB  in  October  2002  and
because the Article 15 was still a part of his record he was again not
selected.  He met the FY04  ANG  Major  Selection  Board  without  the
Article 15 and he was selected for promotion to major,  effective  and
with a DOR of 1 October 2003.  AFPC/DPJA indicated that  at  the  time
the applicant met the FY04 board, his records  only  showed  one  non-
select to the grade of major.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPP recommends denial.  DPP states the  applicant’s  records  were
not transferred to the CAANG but were transferred to ARPC as a  result
of the applicant executing a resignation  discharge.   The  amount  of
time  that  passed  while  his  application  was  being  processed  is
considered legitimate as his application required two  waivers  and  a
physical that required  additional  information  before  it  could  be
approved.  DPP states that the applicant did, in fact, receive  a  pre
selection brief with instructions prior to the FY02 Board.

Based on supporting documentation from both the NVANG and  the  CAANG,
it appears  that  all  the  necessary  actions  were  taken  when  the
applicant met the mandatory promotion  board  (FY02)  and  during  his
appointment process into the CAANG.

DPP’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National  Guard  evaluation  was  forwarded  to  the
applicant on 19 March 2004 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.  The Board  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, the majority  of  the  Board  agrees  with  the  opinion  and
recommendation of the Air National Guard and adopts their rationale as
the basis for its conclusion that  the  applicant  has  not  been  the
victim of an  error  or  injustice.   It  appears  the  applicant  was
notified of his impending consideration by the FY02  promotion  board,
provided a pre-selection brief, and instructions.  The majority of the
Board finds no error or injustice in the time required to appoint  him
in the CAANG as the time to  do  so  does  not  seem  disproportionate
considering the scale of the  requirements  necessary  to  obtain  his
appointment.  Therefore, in the absence of evidence to  the  contrary,
we find no compelling basis to recommend granting the relief sought in
this application.

4.  Notwithstanding the above, it appears the applicant had applied to
have the Article 15 removed from his record and believed it  would  be
removed, prior to the FY03  Major  Selection  Board.    In  fact,  the
Article 15 was removed prior to the FY04 Major Selection Board.  Thus,
in deference to the applicant, we are of the opinion that the  Article
15 should have been removed from his record prior to the  FY03  Board.
Therefore, we recommend that his records  be  corrected  as  indicated
below.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The pertinent military records of the  Department  of  the  Air  Force
relating to Applicant be corrected to show that on 1 January 2002,  he
requested the Article 15, issued on 30 October 1998, be  removed  from
his officer selection folder and his request was approved by competent
authority.

It  is  further  recommended  that  his  record,  without  the   above
referenced Article 15, be considered for promotion  to  the  grade  of
major by Special Selection Board (SSB) for the Fiscal  Year  2003  Air
National Guard Line and Non-Line Major Selection Board.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-03815 in Executive Session on 27 April 2004, under the provisions
of AFI 36-2603:

      Mr. James E. Short, Panel Chair
      Ms. Deborah A. Erickson, Member
      Ms. Martha A.  Maust, Member


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



    Exhibit A.  DD Form 149, dated 29 Oct 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 5 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.



                                   JAMES E. SHORT
                                   Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC

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Office Of The Assistant Secretary



AFBCMR BC-2003-03815




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 on 1 January
2002, he requested the Article 15, issued on 30 October 1998, be
removed from his officer selection folder and his request was approved
by competent authority.

      It is further directed that his records, without the above
referenced Article 15, be considered for promotion to the grade of
major by Special Selection Board (SSB) for the Fiscal Year 2003 Air
National Guard Line and Non-Line Major Selection Board.






     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency