RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03651
            INDEX CODE:  131.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  3 JUN 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His non-selections for the FY03 and FY04  Major  Special  Selection
Boards (SSBs) be set aside and that he be allowed to participate in
the Air Force Reserve.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was not aware that there was a chance he could be  twice  passed
over and discharged as a member of the Nonparticipating  Individual
Ready Reserve (IRR).  If he had, he would not have  waited  for  an
assignment at Moody AFB, and would have  joined  any  unit  in  the
country.

He feels that the two SSBs should be set aside and that  he  should
be allowed to start his  Reserve  career  as  a  captain  with  the
opportunity to compete for promotion as a participating reservist.

In support of his appeal, applicant submitted a copy of his DD Form
214, Certificate of Release or Discharge from  Active  Duty,  dated
5 Aug 01; a copy of his Oath of Office, dated 6 Aug 01; his Reserve
commissioning order, dated 9 Oct 01; copies of email correspondence
with HQ ARPC/DPRAA and correspondence from HQ ARPC/DPB,  and  other
supporting  documentation,  including  correspondence  through  his
senator.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the events under review, applicant entered active duty  on
9 Dec 90.  He was progressively promoted to the  grade  of  captain
with an effective date and date of rank of 1 Oct 94.   He  resigned
his Regular  Appointment  and  accepted  a  Reserve  commission  on
6 Aug 01 and was  assigned  to  the  Nonobligated  Nonparticipating
Ready Personnel Section (NNRPS).  On 6 Aug 03, he was reassigned to
the Inactive Status List Reserve Section (ISLRS).

Applicant was not originally identified to meet the FY03  and  FY04
Line and Health Professions Major (Other  Than  Selective  Reserve)
Selection Boards held on 11 Feb 02 and 3 Feb 03, respectively.  His
record was not gained into the system  properly  and  therefore  he
missed both boards.  He was considered  by  two  Special  Selection
Boards (SSBs) in lieu of the missed  boards,  (FY03,  9 Aug 04  and
FY04, 7 Mar 05); however, he was not recommended.

Applicant’s date of separation was established as 1 Feb  06  (based
on being twice-deferred for promotion).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They
provided the following analysis of the case:

Applicant was not originally identified to meet the FY03  and  FY04
Line and Health Professions Major (Other  Than  Selective  Reserve)
Selection Boards held on 11 Feb 02 and 3 Feb 03, respectively.  His
record was not gained properly and therefore  missed  both  boards.
At the time of these boards  he  was  assigned  to  the  NNRPS;  an
assignment that  precludes  participation,  but  by  law  is  fully
promotion eligible.   The  applicant  states  that  he  would  have
participated had he known he was eligible for the original boards.

He was granted two  SSBs  in  lieu  of  the  missed  boards.   SSBs
reconstruct the original board, to as great an extent as  possible.
On 30 Jun 04, he was notified by letter of the pending  SSBs  (FY03
convening 9 Aug 04;  FY04  convening  7  Mar  05).   The  applicant
submitted a personal letter  to  both  SSBs  stating  his  lack  of
participation and his intention to accept a position;  however,  he
was not recommended by either board.

An officer twice not selected for promotion to  major  and  not  in
continued status, must leave the Reserve active status list by  the
first day of the seventh month after  the  President  approves  the
report of the board that did not select the officer for the  second
time (Title 10 USC Section 14505).

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the  evaluation,  the  applicant  explained  the
circumstances   surrounding   his   acceptance   of   the   Reserve
appointment.  On 6 Aug 01, he executed the  Oath  of  Office  as  a
Reserve officer, and forwarded his oath to  the  Headquarters,  Air
Force Reserve (HQ  AFRES),  now  Headquarters,  Air  Force  Reserve
Command (HQ AFRC).  After that he was placed in NNRPS and the  only
correspondence he received was his Reserve order, dated 9  Oct  01,
with no other information or  further  instructions.   He  was  not
notified of the promotion opportunities and more importantly of the
risk of discharge if passed over, like most other  newly  separated
officers.

Any officer whose record was  “gained  properly”  would  have  been
given fair notice of an upcoming promotion board.  They would  have
received an officer preselection brief five  months  prior  to  the
board convening date, would have  had  a  chance  to  update  their
record,  make  corrections  and  so  on.   Then,  could  decide  to
participate in the  Selected  Reserve  (SELRES)  to  improve  their
chances of promotion or not.  If they had any plans to stay in  the
USAFR, they would  at  least  have  enough  notice  to  change  the
direction of their career before being passed over twice and before
it was too late.  He was not afforded that luxury.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

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,  after  a  thorough  review  of  the   facts   and
circumstances surrounding the applicant’s  promotion  consideration
and  nonselection,  we  found  no  evidence  that  the  applicant’s
promotion consideration/nonselection was contrary to the  governing
policies and laws in effect at the time or that he has been treated
differently  than  others  who  were   similarly   situated.    The
Headquarters, Air Reserve Personnel Center (HQ ARPC) has  addressed
the issues presented by the applicant and we are in agreement  with
its opinion and recommendation.  Therefore, we adopt the  rationale
expressed as the basis for our  decision  that  the  applicant  has
failed to sustain his burden of having suffered either an error  or
injustice.  In the absence of persuasive 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 AFBCMR Docket  Number
BC-2005-03651 in Executive Session on  22  March  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Rita J. Maldonado, Member
      Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 18 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Feb 06.
    Exhibit E.  Letter, Applicant, dated 22 Feb 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair