RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04554
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His three non-selections for promotion to the grade of major
(O-4) be removed from his records so he can be accessed into the
Air National Guard (ANG).
________________________________________________________________
APPLICANT CONTENDS THAT:
While assigned to the Individual Ready Reserve (IRR) as a non-
participating member, he was considered, but nonselected for
promotion to the grade of major on three occasions; however, the
promotion quota was only one among hundreds of records
considered. This was not a realistic or accurate opportunity
for his record to be adequately reviewed for promotion,
particularly since his last officer performance report (OPR) was
rendered in Jan 07 and there were no opportunities to submit a
new Promotion Recommendation Form (PRF). Also, his latest OPR
was not considered during his active duty promotion boards.
In support of his request, the applicant provides an expanded
statement and copies of correspondence related to his accession
into the ANG, his AF Forms 709, Promotion Recommendation, and
AF Form 707, Officer Performance Report (OPR).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military personnel records, are contained
in the letter prepared by the appropriate office of the Air
Force, which is attached at Exhibit C. Accordingly, there is no
need to recite these facts in this record of proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial, indicating there is no evidence of
an error or injustice. The applicant separated from active duty
on 30 May 07 and was assigned to the Non-obligated Non-
participating Ready Personnel Section (NNRPS). Based on his
receipt of separation pay, he was required to remain in a ready
reserve status for three years in accordance with
10 USC 1174(e). While assigned to NNRPS, he was considered but
not selected for promotion to the grade of major on three
occasions. Although members in NNRPS are not in a participating
status, 10 USC 14301 states that all officers on the Reserve
Active Status List (RASL) must be considered for promotion when
they are eligible. A review of the applicants officer
selection record (OSR) and officer selection briefs (OSB) did
not reveal any errors in the record at the time they met each
board. The applicant was separated on 11 Sep 10 as a result of
the non-selections for promotion in accordance with
10 USC 14505. The applicant met the correct boards on time and
there were no errors identified in his record as it met the
boards. The applicant has provided no evidence the boards
recommendations were in any way unfair or unjust.
A complete copy of the ARPC/DPP 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 4 Feb 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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
recommendation of the Air Force 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.
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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-04554 in Executive Session on 4 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Nov 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 19 Jan 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.
Panel Chair
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