RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03496
INDEX CODE: 131.01
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated into the Air Force Reserve and allowed to be
considered again for promotion to the grade of major.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never informed of his first board after he left active duty.
He is currently an Admissions Liaison Officer at the Air Force
Academy. This is a no pay, points only position that is very
important to the Air Force.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available documentation indicates the applicant served in the Air
Force Reserve in the grade of captain. On 1 Nov 04, he was honorably
discharged from all appointments in the Air Force Reserve after being
twice deferred for promotion to major. He was credited with 14 years
of satisfactory Federal service for retirement. He had one Officer
Performance Report (OPR) (Meets Standards), which closed out on 4 Sep
03, at the time he was considered and nonselected for promotion to
major by the Fiscal Year 2005 (FY05) Line and Health Professions Major
Board.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommended denial indicating the law states that a captain
twice deferred for promotion to major and not in a continued status,
will be separated from the Reserve Active Status List (RASL) not later
than the first day of the seventh month after the President approved
the board report of the board that considered the officer for the
second time.
A complete copy of the ARPC/DPB evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 10
Dec 04 for review and response. As of this date, no response has been
received by this office (Exhibit C).
_________________________________________________________________
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 its 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 sufficient evidence
the applicant was not properly considered for promotion to the grade
of major, 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 issues 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-
2004-03496 in Executive Session on 3 Feb 05, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Renee M. Collier, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 04.
Exhibit B. Letter, ARPC/DPB, dated 2 Dec 04.
Exhibit C. Letter, SAF/MRBR, dated 10 Dec 04.
THOMAS S. MARKIEWICZ
Chair
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