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AF | BCMR | CY2009 | BC-2008-03750
Original file (BC-2008-03750.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03750
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His non-selection to Lieutenant Colonel be removed from his records so  that
he can be appointed in the Air National Guard.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to  the  exceptional  circumstances  surrounding  his  non-selection  to
lieutenant colonel and the outdated promotion system, his case  warrants  an
exception to policy.

The 102nd Air Operations Center (AOC) is actively recruiting him to  fill  a
position within the Air Operations Group (AOG).  His  knowledge  as  a  Wing
fighter pilot is critical to the unit’s mission.

His experience level and year group are precisely the  target  group  needed
to fill one of the 16 positions on  the  Unit  Manning  Docket  (UMD)  which
require extensive breadth and depth of  flying,  command  and  control,  and
operational experience.

Officers with his know-how are extremely hard to  recruit  to  a  non-flying
AOC mission and he is enthusiastically pursuing positions within the AOG.

In Feb 03, he transferred  to  the  Ready  Reinforcement  Personnel  Section
(RRPS).   His  annual  Officer  Performance  Reports  (OPRs)  and  Promotion
Recommendation Forms (PRFs) were not written in  preparation  for  mandatory
boards which may have negatively affected his chances for promotion.   As  a
result, he was passed over for promotion many times because of  the  dubious
promotion system utilized by the Individual Ready Reserve (IRR).


In support of the application, the applicant  submits  a  bullet  background
paper regarding his appointment, an electronic mail message,  his  personnel
data brief, his DD Form  214,  Certificate  of  Release  or  Discharge  from
Active Duty, and his second non-promotion selection letter.

The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

In Feb 03, he was assigned to  the  Ready  Reinforcement  Personnel  Section
(RRPS, a Cat E non-pay assignment)  with  attachment  for  training  to  the
101st Fighter Squadron.  Based on OPR requirements detailed in AFI  36-2406,
Officer and Enlisted Evaluation Systems, Table 3.8, he should have  received
OPRs closing Feb 04, Feb 05, Feb 06, and Dec  06  as  he  earned  sufficient
points.  For the FY06 & FY07 boards, he should have received a PRF.

In Dec 06, he was reassigned to  the  Nonobligated,  Nonparticipating  Ready
Personnel Section  (NNRPS),  and  then  to  Reserve  Sanctuary  in  Jun  07.
Neither assignment can offer participating points; there is no rating  chain
so OPRs could not be rendered.  He has until  Jun  2010  to  earn  20  years
satisfactory service for retirement purposes.

The applicant is currently in a Reserve sanctuary status.

The remaining relevant facts pertaining to this  application  are  contained
in the letter prepared by  the  appropriate  office  of  the  Air  Force  at
Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends denial.  DPB states the applicant was considered  but
not selected by the FY06, FY07, FY08 Line  and  Nonline  Lieutenant  Colonel
Promotion Selection  Boards,  and  the  FY09  Line  and  Health  Professions
Lieutenant Colonel Selection Board.  Following the nonselection by the  FY07
board, he was selected for continuation.

Each  promotion  board  was  conducted   according   to   law   and   policy
requirements.  The applicant met each board on time as prescribed by 10  USC
Sections 14303 and 14304 and AFI 36-2504,  Officer  Promotion,  Continuation
and Selective early Removal in the Reserve of  the  Air  Force,  Table  2.2.
When considered for promotion, the boards did not have before them  material
information; the record was missing performance  reports.   All  efforts  to
obtain these reports were exhausted prior to the promotion boards.

DPB opines that each board was lawfully  constituted  and  conducted  within
the law and policy provided.  While there  are  grounds  for  appeal  boards
(missing OPRs and PRFs)  no  replacements  can  be  obtained.   Without  the
missing documents, no  appeal  could  be  granted,  nor  would  the  boards’
outcome have any chance of different results without the missing documents.

The complete DPB evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20  Feb
09 for review and comment within 30 days.  As of this date, this office  has
received no response (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or an injustice.  Based  on  information  provided  by
the Air Force office of primary responsibility, it appears  the  applicant’s
officer  selection  record  was  incomplete  when  he  was  considered   for
promotion, possibly contributing to his not being selected for promotion  on
multiple occasions.  Although it further appears the  applicant’s  situation
was not unique for officers within the Reserves  similarly  situated,  since
the problems with his record were not of his making, we believe  these  non-
selections for promotion have unfairly harmed his  career,  making  him  the
victim of  a  possible  injustice.   At  any  rate,  we  believe  any  doubt
regarding  this  matter  should  be  resolved  in  the  applicant’s   favor.
Therefore, we recommend that his records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that

      1).  His nonselections  for  promotion  to  the  grade  of  Lieutenant
Colonel by  the  FY06,  FY07,  FY08  Line  and  Nonline  Lieutenant  Colonel
Selection Boards  and  the  FY09  Line  and  Health  Professions  Lieutenant
Colonel Promotion Selection Boards; be and hereby are, set aside.

      2)  The continuation status  of  his  projected  Mandatory  Separation
Date (MSD) be and hereby is, removed from his record.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 7 April 2009 and 26 May 2009, respectively, under the  provisions
of AFI 36-2603:

      Mr. Jay H. Jordan, Panel Chair
      Mr. Robert S. Jack II, Member
      Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered in AFBCMR BC-2008-03750:

    Exhibit A.  DD Form 149, dated 3 Oct 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 18 Feb 09.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 09.




                                   JAY H. JORDAN
                                   Panel Chair



AFBCMR BC-2008-03750





MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:

      1).  His nonselections for promotion to the grade of Lieutenant
Colonel by the FY06, FY07, FY08 Line and Nonline Lieutenant Colonel
Selection Boards and the FY09 Line and Health Professions Lieutenant
Colonel Promotion Selection Boards; be and hereby are, set aside.

      2)  The continuation status of his projected Mandatory Separation
Date (MSD) be and hereby is, removed from his record.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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