RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04241
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 2002 and 2003 Lieutenant Colonel promotion board deferrals be
vacated and that his Individual Ready Reserve (IRR) time be deleted
from his Total Federal Commissioned Service Date (TFCSD) total.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to deploy and serve with his unit in Iraq in early 2004.
He was not aware that he had met a promotion board in 2002 until
after the fact. He had requested he not meet that board. He was not
informed that the 2003 promotion board was a mandatory board until it
was too late for him to prepare to meet it. He recently discovered
that computer records submitted to both boards were incomplete.
Furthermore, he recently discovered that the time he spent in the IRR
counted against his total commissioned service time and that
consequently, he is due to be separated on 1 January 2004.
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, a former member of the Washington Air National Guard
(WAANG), was not selected for promotion to lieutenant colonel by
either the Fiscal Year (FY) 2003 or 2004 promotion boards.
Additionally, he reached his mandatory separation date and was
separated 1 January 2004.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPP recommends this application be denied. DPP is of the opinion
that no basis or authority exists for making the requested changes.
DPP states that after consulting with the WAANG and National Guard
Bureau offices of primary responsibility (OPRs) the applicant was
given proper and accurate guidance concerning his promotion
opportunities. Also, DPP states they are unable to subtract his IRR
time from his TFCSD, as the time he spent in the IRR is still
technically recognized as commissioned Federal service.
DPP’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he does not agree with the advisory opinion
indicating he was afforded proper guidance concerning his promotion
opportunities. Since his application, he has found another member who
was involved in an almost identical situation in that he had met a
promotion Board without his knowledge. He notes he has learned that
if one deferral were vacated he could be able to continue serving long
enough to go to Iraq with his unit and then meet a promotion Board.
He was not aware of this possibility when he originally asked for both
deferrals to be vacated.
_________________________________________________________________
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 an 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
National Guard 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. The Board took note of the
applicant’s contention that he was not aware he had met a promotion
board in 2002 until after the fact, or that his 2003 promotion board
was a mandatory board. However, we are not persuaded by the evidence
provided that he was not afforded proper and accurate guidance
concerning his promotion opportunities. Regarding his request to have
his IRR time subtracted from his Total Federal Commissioned Service
Date (TFCSD), we note that IRR time is currently recognized as Federal
service and should be counted as part of his total federal
commissioned service. Therefore, 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-
2003-04241 in Executive Session on 15 July 2004, under the provisions
of AFI 36-2603:
Mr. David W. Mulgrew, Panel Chair
Mr. James E. Short, Member
Mr. Gary G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Dec 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPP, dated 21 May 04.
Exhibit D. Letter, SAF/MRBR, dated 28 May 04.
Exhibit E. Telegram, Applicant, dated 28 Jun 04.
DAVID W. MULGREW
Panel Chair
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