RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03593
INDEX CODE: 131.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS:
Removal of his two promotion nonselections to the grade of major.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on inactive Reserve status, promotion paperwork was submitted
twice to a selection board knowing he had not completed his
Professional Military Education (PME). He was unaware of this action
until he received notification that he was to be discharged on 1
November 2002. Due to this error/injustice, he is unable to join the
Army National Guard to complete retirement requirements.
No supporting documentation was submitted. The applicant’s complete
submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Federal Commissioned Service Date
(TFCSD) as 14 November 1987. He was progressively promoted to the
Reserve grade of captain, with an effective date and date of rank of
25 November 1994. The applicant has completed a total of 17 years of
satisfactory Federal service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPB recommends the application be denied. DPB states that the
applicant, while assigned to a traditional Reserve unit, was
considered In the Promotion Zone (IPZ) and nonselected by the FY02
Line and Nonline Major Promotion Board, which convened on 19 February
2001. While assigned to the Nonobligated Nonparticipating Ready
Personnel Section (NNRPS), he was considered Above the Promotion Zone
(APZ) and nonselected by the FY03 Line and Health Professions Major
Promotion Board, which convened on 11 February 2002. Although the
applicant was in a nonparticipating status, he was not in the Inactive
Status List Reserve Section (ISLRS); therefore, he was eligible for
promotion consideration. The applicant’s consideration for promotion
was based on mandatory requirements established by 10 USC, Section
14301. He was on the Reserve Active Status List and required to be
considered for promotion. The completion of Squadron Officer School
(SOS), the appropriate level of PME for a captain, is not a
prerequisite for meeting a promotion board. As a result of the two
nonselections, the applicant was discharged on 2 November 2002. The
HQ ARPC/DPB evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicates that, while
he does not have copies of completed paperwork, he believes he filled
out paperwork for inactive status with his Reserve unit in August
2000. It was never his intention to remain on the active list since
he did not know what types of Reserve units were in Kansas and if
there would be any open slots. He is not sure how he was still
assigned to a traditional Reserve unit in 2001 when he left Louisiana
in September 2000 and would not have participated with the unit since
July 2000, having filled out paperwork for inactive status. While
completion of PME is not a prerequisite for “meeting” the board,
failure to complete will end up as a non-promote for the member. He
feels he should not be penalized for his previous Reserve unit not
following up with placing him on the inactive list. The applicant’s
complete submission is at Exhibit D.
_________________________________________________________________
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. His contentions are duly noted;
however, we do not find these uncorroborated assertions, in and by
themselves sufficiently persuasive to override the rationale provided
by the Air Force Reserve office of primary responsibility. We,
therefore, agree with the opinion and recommendation of the Air Force
office of primary responsibility and conclude that the applicant has
failed to sustain his burden that he has suffered either an error or
injustice. In the absence of sufficient evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 this application in
Executive Session on 17 February 2005, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Christopher D. Carey, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2004-03593.
Exhibit A. DD Form 149, dated 16 Nov 04.
Exhibit B. Letter, HQ ARPC/DPB, dated 17 Dec 04.
Exhibit C. Letter, SAF/MRBR, dated 29 Dec 04.
Exhibit D. Letter from Applicant, undated.
MICHAEL K. GALLOGLY
Panel Chair
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