RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00623
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he resigned both his active duty
and Reserve officer commissions on 31 Aug 04, rather than just his
active duty commission.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He left the Air Force to pursue a divinity degree so he could
apply for an Air Force Chaplaincy. He did not know, nor was he
advised, when he resigned his Air Force commission, he would have
to also resign his Reserve commission. As a result, he was
transferred to the Non-Participating Non-Ready Personnel Section
(NNRPS) on 1 Sep 04. Consequently, and unbeknownst to him, he
remained eligible for promotion consideration while a member of
the NNRPS. He was passed over for promotion while he was sitting
in Seminary even though he was never assigned to a Reserve unit or
receiving Officer Performance Reports (OPRs).
In support of his appeal, the applicant provides a copy of a
transcript.
Applicants complete submission is attached.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was commissioned in the Regular Air Force on 11 Apr 94.
He served until 1 Sep 04, when he resigned his Regular commission.
He was transferred as a matter of course to the NNRPS. On 2 May
06, he was notified of his second non-selection for promotion and
his subsequent discharge in accordance with Title 10, United
States Code (USC), Section 14505. Since he did not qualify for
transfer to the Retired Reserve, he was discharged effective 1 Nov
06.
_________________________________________________________________
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 error or injustice. We find the applicant was
miscounseled with regard to his military status when he left the
service to attend school on a fulltime basis. Had he been advised
properly, he would have submitted his resignation and been
honorably discharged from all appointments in the United States
Air Force. Consequently, we note the corrective action will
render him eligible to apply for reappointment in the Air Force
Chaplaincy program as is his stated intent. Therefore, we
recommend that the 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 on 31 August 2004,
he was not discharged and transferred to the Nonobligated
Nonparticipating Ready Personnel Section (NNRPS), but on that date
he resigned his commission and was discharged from all
appointments.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2009-00623 in Executive Session on 22 June 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit: DD Form 149, dated 28 Dec 08, w/atch.
Panel Chair
AFBCMR BC-2009-00623
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 on 31 August 2004, he was not discharged and
transferred to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS), but on that
date he resigned his commission and was discharged from all appointments.
Director
Air Force Review Boards Agency
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