RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02735
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reconsidered for promotion to major by the FY05 Air National
Guard (ANG) Line and Non-Line Major Selection Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He rejoined the military in June 2003 after experiencing a break in
service of ten years. He believes his prior service time made him
eligible to meet the FY05 ANG Line and Non-Line Major Selection Board.
He contends his Officer Selection Record (OSR) was not complete, as
it did not contain the Officer Performance Reports (OPRs) from his
previous service. All attempts to obtain the OPRs have been
unsuccessful and he states the Air Force Personnel Center (AFPC) has
informed him that the OPRs are not available.
In support of his appeal, the applicant has provided a personal
statement and copies of his current OPR, fitness reports, his DD Form
214, Certificate of Release or Discharge from Active Duty, a Report on
Individual Personnel (RIP), and a letter of support from his
commander.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty as a clinical nurse and nurse
anesthetist from 14 August 1985 to 30 July 1993 when he was released
from active duty. After a break in service of approximately ten
years, he rejoined military service in the Tennessee Air National
Guard (TNANG) on 5 June 2003. He met the FY05 ANG Line and Non-Line
Major Selection Board (19 – 24 April 04) and was non-selected for
promotion to major. Further research has shown he was ineligible to
meet the FY05 board as he did not meet the requirement of being on the
Reserve active status list (RASL) or the active duty list, or a
combination of both, for one year. He was on the RASL for only 10 of
the required 12 months and therefore should not have been considered
by the FY05 Board. He will be eligible to meet the FY06 promotion
board.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states he was not eligible to meet
the FY05 ANG Line and Non-Line Major Selection Board and would not be
eligible to meet a board until FY06. Therefore, DPB is making changes
to the personnel system to show he did not meet the FY05 board and was
therefore not non-selected. DPB notes his OSR was and is complete as
the documentation concerning his active duty service was received from
the National Archives and filed in his OSR in December 2003.
DPB’s complete 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
17 September 2004 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 (OPR) and adopt their rationale as the basis for our
conclusion that the applicant should not have been considered by the FY05
board. It appears he was only on the RASL 10 months prior to the promotion
board and therefore was not eligible to meet the FY05 ANG Line and NonLine
Major Promotion Selection Board. Subsequently, his record has been
corrected to show he was not considered by the FY05 Line and Non-Line Major
Promotion Selection Board. In view of the fact that he was not eligible
for consideration for promotion by the FY05 Line and Non-Line Major
Promotion Selection Board, we find no basis upon which to recommend
favorable action of the relief requested.
_____________________________________________________________
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-
2004-02735 in Executive Session on 13 October 2004, under the
provisions of AFI 36-2603:
Ms. Martha J. Evans, Panel Chair
Mr. Jay H. Jordan, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Aug 2004, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 9 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 17 Sep 04.
MARTHA J. EVANS
Panel Chair
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