RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00050 

 INDEX CODE: 131.10, 135.00 

  COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His two non-selections for promotion to the grade of major 
be removed. 

 

2. He be reinstated into the US Air Force Reserve (USAFR). 

 

3. His USAFR inactive service from 13 Dec 98 to 7 April 2004 be 
removed. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

After his separation from active duty in Dec 98, he was never 
notified of his first in-the-promotion zone (IPZ), Fiscal Year 
2001 (FY01) Major Promotion Selection Board consideration, 
either before or after the board, and was not afforded an 
opportunity to review his officer selection brief (OSB) for 
accuracy, or transfer to the Inactive Status List Reserve 
Section (ISLRS), so that he would not be considered for 
promotion. 

 

Following a short break in service, he was assigned as an United 
States Air Force Academy Admissions Liaison officer (USAFA ALO), 
a Category E (a points only program- no pay) reservist. He met 
the FY07 Other Than Selected Reserve (OTSR) Line and Health 
Professions Major Promotion Selection Board; however, due to the 
Program Budget Decision 720 (PBD 720), the promotion rate on the 
Cat E officers was only 9th percent while the promotion rate for 
Cat B (participate for pay and points) officers was 80 percent. 
He was not selected in the 9 percentile of those selected and 
had plans of competing at the next promotion board. He was 
shocked to find out that this was his second nonselection and 
was never aware that he had obligated service that caused him to 
be previously considered for promotion. The irony of it all was 
his high level of motivation to work with the Academy Liaison 
program is what led to his second nonselection. 

 

He misunderstood the details of his separation documents and did 
not realize that he had an obligation to serve after his 
separation, or that by not serving there would be negative 


consequences affecting his future potential for promotion and 
his military career. 

 

The applicant has several senior members who have provided 
letters of support in his behalf; the 12th Air Force Commander 
(12th AF/CC), the Adjutant General for the State of Colorado (TAG 
CO), the vice commander of the Air Reserve Personnel Center 
(ARPC/CV), and others. In summary, he believes it was a 
combination of a lack of appropriate notification and counseling 
and adherence to established Air Force Instructions (AFI’s) and 
clerical errors that led to his unceremonious discharge from the 
USAFR. He is a decorated F-15 pilot; with both ground and air 
combat tour experience. His letters of support illustrate his 
ability and sincerest desire to continue his service to his 
country in support of the Global War on Terror with the Arizona 
Air National Guard (AZ ANG). 

 

In support of the appeal, the applicant submits a personal 
statement, with letters of support from senior members of 
different components of the Air Force, service and performance 
history documents and other supporting information. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty on 1 June 1988. He was 
progressively promoted to the grade of captain, with an 
effective date and date of rank of 1 June 1992. He was 
discharged from active duty on 13 December 1998 and credited 
with 10 years, 6 months and 13 days of active duty service. 

 

The applicant was commissioned as a Reserve of the Air Force 
officer, on 14 December 1998, when he took the oath of office. 

 

He was considered but not selected for promotion by the FY01 
Major Promotion Selection Board and the FY07 USAFR Other than 
Selected Reserve Line and Health Professions Major Promotion 
Selection Board, on 6 March 2000 and 6 March 2006, respectively. 

 

The applicant was discharged from all appointments in the USAF, 
on 1 November 2006, in accordance with (IAW) Title 10, United 
States Code (USC), Section 14505. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPB recommends denial and states, in part; the applicant 
voluntarily entered a commitment with the USAFR. There were no 
errors in his record as it met the boards. He was discharged 


IAW current laws and directives and provides no evidence the 
promotion board’s recommendations were in any way unfair or 
unjust. 

 

The applicant was voluntarily discharged from active duty; 
however, once he signed the Oath of Office, to enter the USAFR, 
he was committed. The record reflects the applicant was 
assigned to the Nonobligated Nonparticipating Ready Personnel 
Section (NNRPS). These documents were sent to the applicant’s 
address on file and it is his responsibility to ensure his 
address information is kept up to date. 

 

Although members in this Reserve section are not in a 
participating status, IAW Title 10, USC, Section 14301, all 
officers on the Reserve Active Status List (RASL) must be 
considered for promotion when eligible. An Officer Selection 
Brief (OSB) and a promotion letter were sent to all eligible 
officers in this status approximately 90 days prior to the board 
convening date. The applicant’s nonselection letter would have 
also been sent to this address. 

 

After two years in the NNRPS, the applicant was assigned to the 
Inactive Status List Reserve Section (ISLRS) on 
14 December 2000, and not eligible for promotion consideration. 
In April 2004, the applicant was assigned to the USAFA ALO 
program, and was sent orders concerning each personnel action. 
He was eligible for and met the FY07 OTSR Major Promotion 
Selection Board, on 5 March 2006. His unit of assignment was 
responsible for notifying the applicant of his upcoming 
promotion board. 

 

The applicant cites PBD 720 as a factor in the low promotion 
rate on the FY07 board; however, PBD 720 was a force shaping 
program which was not in effect until the fall of 2006, after 
the applicant was considered the second time. 

 

The National Defense Authorization Act (NDAA) 2011, not 2010, 
contains a change in the law which would allow the Service 
Secretaries to determine whether members in a nonparticipating 
status would meet mandatory promotion boards. At this time, 
NDAA 2011 has not been passed. 

 

The complete ARPC/DPB evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant maintains his position that while he signed the 
AF Form 133, Oath of Office, he never received official 
notification of his entrance into the USAFR, no orders, a 
Reserve Identification card, a phone call, or correspondence at 
either of his addresses. 

 


Even after his appointment, he did not receive any 
correspondence indicating that he would be considered for 
promotion, nor was he aware of the different inactive Reserve 
sections or the ramifications of being assigned to these 
sections. As he understands it, depending on which inactive 
Reserve status determines whether a member is eligible or 
ineligible for promotion consideration. Particularly, a review 
of the promotion package for his first promotion board for FY01, 
it appears gave individuals the opportunity to transfer to the 
ISLRS prior to their board convening, or within 90 days after 
the board met. By utilizing this option, he would not have been 
considered for promotion. This would have allowed him, either 
to not meet the board, and/or not have been eligible for 
promotion consideration. By not receiving vital promotion board 
information prior to the board convening, he was denied his 
basic rights. 

 

In summary, he believes it is a gross injustice to put officers 
up for promotion boards without their knowledge and input. He 
believes if proper procedures had been followed he would not be 
in his current situation. 

 

The applicant’s complete response is at 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice in regard to the 
applicant’s request to have his USAFR inactive service from 
13 Dec 98 to 7 April 2004 removed. Based on the evidence of 
record, it appears the applicant was properly assigned to NNRPS 
with a subsequent assignment to ISLRS. Therefore, we agree with 
the opinion and recommendation of the Air Force Reserve office 
of primary responsibility and adopt its rationale as the basis 
for our conclusion the applicant has not been the victim of an 
error or injustice. In view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this portion of his application. 

 

4. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. We note the comments of the Air Force 
Reserve OPR that current law requires officers on the Reserve 
Active Status List (RASL), including those in a nonparticipating 
status on the RASL, to be considered for promotion, even though 
they are not afforded an opportunity to demonstrate their 
potential to serve in the next higher grade. The applicant 


asserts that he was not aware that he was considered for 
promotion shortly after being commissioned in the Air Force 
Reserve and did not even realize that his nonselection during 
the FY07 OTSR Line and Health Professions Major Promotion board 
was his second. Based on the applicant’s submission, including 
the letters of support submitted in his behalf, we find it 
reasonable to believe the applicant was completely unaware of 
his promotion consideration during the FY01 Major Promotion 
Board, particularly since it appears he had not received any 
correspondence from the Air Force Reserve. While we cannot 
determine with any certainty the reasons surrounding why the 
applicant was not properly notified of his Reserve status, we 
believe had the applicant been aware of his eligibility for 
promotion consideration, he would have ensured his records 
reflected his potential as best as possible or as an option he 
could have requested a transfer to ISLRS prior to being 
considered for promotion. Therefore, we are persuaded based on 
the available evidence of record and that provided in the 
applicant’s behalf that any doubt should be resolved in his 
favor. In addition, the applicant requests reinstatement in the 
Air Force Reserve. In this respect, we believe based on the 
aforementioned rationale, the applicant should be reinstated in 
the Air Force Reserve. Reinstatement should be contingent upon 
the needs of the service and their ability to effectively gain 
the applicant in the system at the earliest possible date. In 
view of the above, we recommend the applicant’s record be 
corrected to the extent indicated below. 

 

5. The applicant noted several error’s on his DD Form 214, 
which was not a part of his request. If the applicant still 
believes his DD Form 214 to be in error, he should submit a 
separate DD Form 149, Application for Correction of Military 
Record under the Provisions of Title 10, U.S. Code, Section 1552 
to have these issues addressed. 

 

6. 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 RECOMMENDS THAT: 

 

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

 

 a. He was not considered for promotion to the Reserve 
grade of major by the Fiscal Year 2001 Reserve of the Air Force 
Major Promotion Board. 

 

 b. He was not discharged on 1 November 2006 from all 
appointments, but on 6 April 2006, he resigned his commission 


and was discharged from all appointments. By competent 
authority, his name be removed from the Fiscal Year 2007 Other 
Than Selected Reserve Line and Health Professions Major 
Promotion Selection Board Nonselect list. 

 

 c. He be reinstated in the Air Force Reserve and 
transferred to the Inactive Status List Reserve Section. Any 
nonselections for promotion to the Reserve grade of Major prior 
to receiving three Officer Performance Reports with at least 250 
days supervision, in the grade of captain, be set aside. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00050 in Executive Session on 14 June 2010, under 
the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-00050 was considered: 

 

 Exhibit A. DD Form 149, dated 5 Dec 09, w/atchs. 

 Exhibit B. Letter, ARPC/DPB, dated 19 Feb 10. 

 Exhibit C. Letter, SAF/MRBR, dated 26 Feb 10. 

 Exhibit D. Letter, Applicant, dated 2 Mar 10. 

 

 

 

 

 Panel Chair