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AF | BCMR | CY2005 | BC-2004-03593
Original file (BC-2004-03593.DOC) Auto-classification: Denied

                            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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