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AF | BCMR | CY2009 | BC-2009-01406
Original file (BC-2009-01406.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01406
            INDEX CODE:  102.01, 131.01

            COUNSEL:  NONE

            HEARING DESIRED: YES



_________________________________________________________________

APPLICANT REQUESTS THAT:

1. His records be corrected to show his date of appointment into  the  Air
Force Reserve (AFR) as 9 January 2009, rather than 14 January 2009.

2. He be afforded the opportunity to meet a Special Selection Board  (SSB)
for the Calendar Year 2009 (CY09) Major Position  Vacancy  Board  (U0409C)
which convened on 23 February 2009.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Through no fault of his own and after his attempt at  due  diligence,  the
AFR Recruiting personnel erred when they lost his  inter-service  transfer
packet.  As a result, he missed eligibility for the U0409C board by just a
few days.  To support his contention, he points to the delay  between  his
placement on the promotion scroll and the date of appointment.

In support of his appeal, the applicant provides a letter of support  from
his commander and a copy of his promotion order to captain.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was discharged from the US Army on 25 March 2008  with  over
eight years of commissioned service.  His accession package  was  received
by ARPC on 9 January 2009 and he was processed as a former officer with  a
break in service.  Former  officers  with  a  break  in  service  are  not
eligible for promotion for one year after accession.  He was appointed  in
the AFR on 14 January 2009 and would therefore be  eligible  for  position
vacancy promotion to the grade of major no earlier than 14 January 2010.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends denial.  DPA states the applicant was accessed after a
break  in  service  and  is,  therefore,  not   eligible   for   promotion
consideration for one year after his accession date.  His allegation  that
the recruiters lost his application package causing him to miss  the  CY09
Major Position Vacancy Board is without merit  as  his  break  in  service
would not have allowed him to meet that board in any case.

DPA’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  2
June 2009 for review and comment within 30 days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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,  while  we
note  his  commander’s  statement,  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.   Absent  evidence  showing  the
applicant was a victim of a processing error or that he  did  not  have  a
break in service prior to being accessed in the Air Force Reserve, 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(s) 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 AFBCMR Docket Number BC-2009-
01406 in Executive Session on 20 October 2009, under the provisions of AFI
36-2603:


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Mar 09, w/atchs.
    Exhibit B.  Letter, ARPC/DPA, dated 21 May 09.
    Exhibit C.  Letter, SAF/MRBR, dated 2 Jun 09.





                                   Panel Chair

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