ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03208
INDEX CODE: 113.01
XXXXXXX COUNSEL: JOHN E. GRIMES
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect assignment to the Inactive Status List
Reserve Section (ISLRS) for the time period of 26 May 03 through 15 Sep 03;
or his records be corrected to show he resigned his commission on 26 May
03; or the Board invoke other equitable remedies to allow his continued
service in the United States Air Force Reserve or Air National Guard.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force Reserves on 27 May 95. On 1 Nov 2006,
he was discharged because of his second nonselection to major. He served a
total of 7 years of satisfactory service.
The applicant was considered but not selected for promotion to the grade of
major by the FY05 and FY06 Major Selection Boards.
On 10 January 2007, the applicant's request to show he had a break in
service from July 2000 to September 2003 was considered and denied by the
Board. For an accounting of the facts and circumstances surrounding the
applicant’s request, and, the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit F.
On 4 March 2007, the applicant submitted a request for reconsideration. To
support his request, he provided an excerpt from the Individual Reserve
Guide, A Guide for Individual Reservists and their Supervisors and a
personal letter from his counsel. The applicant's complete submission,
with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After again reviewing this application and the evidence provided in
support of his appeal. It remains the opinion of the Board that the
applicant has failed to sustain his burden of proof that he has been the
victim of an error or injustice. The Board carefully considered the
statements provided by the applicant and his counsel; however, the Board
was not persuaded by the evidence submitted of the existence of an error or
injustice. Therefore, the applicant’s request is not favorably considered.
2. 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 probable material error or injustice; that the application
was denied without a personal appearance; and 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 BC-2006-03208 in
Executive Session on 28 Mar 2007, under the provisions of AFI 36-2603:
CMTSSignatureBlock
Mr. James W. Russell III, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 24 January 2007,
with exhibits A through E.
Exhibit G. Applicant's DD Form 149, Application for
Correction of Military Record, dated 4 Mar
2007, w/atchs.
CMTSSignatureBlock
JAMES W. RUSSELL III
Panel Chair
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