RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-01792
                                             INDEX CODE:  131.10

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  12 DECEMBER 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His nonselections to major be set aside.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had insufficient time to properly  prepare  for  the  promotion  boards
because of his status as a  full  time  student  and  the  waiting  period
associated with the adjudication process of his security clearance.

He separated from Active Duty in 2000 to attend graduate school at his own
expense.  Upon graduation he relocated to Washington DC and began  looking
for a reserve unit.  He interviewed and was selected  to  join  a  Reserve
unit in Sep 03.  The NSA administered and adjudicated his polygraph in Feb
04.  By this point he was  unable  to  complete  a  “good”  reserve  year.
Consequently he met his first promotion board in 2005 without a good  year
since 2000.  He met his second promotion  board  in  2006  with  only  one
previous good year (2005), although at  the  time  of  the  board  he  had
already accumulated enough points for a good Fiscal Year (FY)  06.   Since
his retention/retirement (R/R) date and the promotion board dates are  out
of synchronization, the promotion boards  have  been  unable  to  see  how
active he has been in the Reserves.  He is currently a member of  a  joint
intelligence team, has recently  been  deployed  to  Afghanistan,  and  is
currently scheduled to return there in the fall of 2006.  He has developed
a critical skill set and obtained security clearances that are a  valuable
resource to the Air Force.  Replacing him at this time would be costly and
the joint intelligence mission he is a part of would suffer.

In support of his request, applicant submits a memorandum of support  from
his director.

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

_________________________________________________________________


STATEMENT OF FACTS:

Applicant is currently serving in the Air Force Reserves in the  grade  of
Captain.  His date of rank as Captain is 26 Jun 99.

The rest of the pertinent facts of this case  are  addressed  in  the  Air
Force evaluation.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the applicant’s request be denied.   The  applicant
met all the eligibility requirements for consideration  by  the  FY06  and
FY07 Reserve Line and Nonline Major Selection Boards that convened  at  HQ
ARPC 7 Feb 05 and 6 Mar 06, but was not selected for promotion  by  either
board.  The member was not eligible for consideration for continuation  by
the Current Year (CY) 06 Captain Continuation Board.   The  applicant  met
the correct boards on time.

10 USC 14301, (b), Requirement for consideration of all  officers  in  and
above the zone, states whenever a promotion  board  (other  than  position
vacancy)  is  convened  under  section  14101(a)   of   this   title   for
consideration of officers in a competitive category who are eligible under
this chapter for consideration for promotion to  the  higher  grade,  each
officer in the promotion zone for  that  grade  and  competitive  category
shall be considered for promotion.

      a.   The  applicant  did   have   four   years   of   unsatisfactory
participation prior to his obtaining an assignment 15 Sep 03.


      b.  A review of the participation summary/history on the applicant’s
FY06 Officer Selection Brief shows 13 AD, 27 IDT, and 26 ECI points  since
the last R/R close out date of 26 May  04.   Although  the  year  was  not
complete at the time of the board it is apparent the year would have  been
satisfactory.

      c.  The FY07 Officer Selection Brief shows the 04/05  R/R  year  has
103 points and the points since close out 26 May 05 has 12 AD and 18 IDTs.
 This indicates the member is on the way to a  good  year  with  almost  3
months left to obtain the remaining 5  points  to  ensure  a  satisfactory
year.

      d.   10  USC  14505,  (a),  Effects  of  failure  of  selection  for
promotion:  reserve captains of the Army, Air Force and Marine  Corps  and
reserve lieutenants of the Navy, states unless  retained  as  provided  in
section 12646 or 12686 of this title, a  captain  on  the  reserve  active
status list (RASL) who has failed of selection for promotion to  the  next
higher grade for the second time and whose  name  is  not  on  a  list  of
officers recommended for promotion to the next higher grade  and  who  has
not been selected for continuation on the RASL under section 14701 of this
title, shall be separated in accordance with section 14513 not later  than
the first day of the seventh month after the month in which the  President
approves the report of the board which  considered  the  officer  for  the
second time.

      e.   The  applicant  did  not  meet  the  eligibility  criteria  for
consideration by the CY06 Captain Continuation Board based on his duty Air
Force Specialty Code (DAFSC) and primary Air Force Specialty Code  (PAFSC)
manning.  The member’s mandatory separation date is 1 Nov 06.

The complete ARPC/DPB evaluation is at Exhibit B.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Jul 06, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  As of  this  date,  this
office has received no response (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  evidence  to  the  contrary,  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 issue 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 Docket Number       BC-2006-
01792 in Executive Session on 20 September 2006, under the  provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to Docket Number    BC-2006-
01792 was considered:

    Exhibit A.  DD Form 149, dated 2 Jun 06, w/atch.
    Exhibit B.  Letter, ARPC/DPB, dated 30 Jun 06.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Jul 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair