RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03632
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His two non-selections for promotion to the grade of major be
removed so he can have an opportunity to complete Squadron
Officer School (SOS) and find an Air National Guard or Reserve
unit.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has spent the previous two years since leaving active duty
training for his new job as an Air Interdiction Agent for the
Department of Homeland Security. He was required to complete the
Federal Law Enforcement Academy, two schools covering two new
aircraft he now flies, land survival and water training,
language school and job specific tactics taught at their
national training center. He has been plagued with multiple
temporary duty (TDY) assignments to help protect US/Mexico
borders.
In support of his request, the applicant provides copies of
email communiqué, travel vouchers, training certificates, and
flying evaluation and training reports.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 August 1999, the applicant entered active duty. He was
progressively promoted to the grade of captain, having assumed
that grade effective and with a date of rank of 25 August 2003.
The applicant was considered but not selected for promotion by
the Calendar Year (CY09) W0409C and the (CY10) W0410A Line and
Health Professions Nonparticipating Reserve (NPR) Major
Promotion Selection Boards. At the time of both promotion
boards, the applicant was assigned to the Individual Ready
Reserve (IRR) in a nonparticipating status.
On 18 May 2010, the applicant was notified by the Headquarters
Air Reserve Personnel Center that he would be discharged due to
his second deferral for promotion in accordance with Title
10, United States Code (USC), section 14505.
On 29 September 2007, the applicant was discharged from all
appointments due to Force Shaping. He was credited with 8 years
and 29 days of active duty service.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states as required by Title 10
USC, section 14502, a captain nonselected for promotion for the
second time must leave the Reserve active status list (RASL) not
later than the first day of the seventh month after the approval
authority signs the list.
On 30 September 2010, the applicant was assigned to the inactive
status list Reserve (ISLRS). ISLRS is defined in Title 10 USC,
section 101 as not part of the RASL. Officers assigned to the
nonparticipating IRR or ISLRS are not authorized to complete any
developmental education. Therefore, SOS is not allowed.
While the applicants skill set may be enhanced today following
completion of the civilian training, officers twice deferred for
promotion are unable, by policy, to obtain a participating
assignment. AFI 36-2115, Assignments with the Reserve
Components, Table 1.2 rule 15 states: If a member is an officer
twice denied promotion to the Reserve grade of captain, major,
or lieutenant colonel, then do not assign the member to the
SelRes (selected Reserve) or PIRR (participating IRR) with a
commission.
The complete ARPC/DPB evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 October 2010, a copy of the Air Force evaluation was
forwarded to the applicant 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
________________________________________________________________
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-2010-03632 in Executive Session on 29 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 19 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 10.
Panel Chair
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