RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00141
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her non-selections to the grade of major (0-4) be removed from
her records in order to be hired into the Air Force Reserve
(AFR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The recruiting process took too long, impeading her ability to
complete Squadron Officer School (SOS) prior to promotion
consideration and the only way she can now be hired into the AFR
is if the two previous non-selections for promotion to major are
removed from her records.
In May 08, the Department of the Navy employed her as a civilian,
and in Jun 08, she was working with the AFR in hopes of securing
a Reserve slot with the 301st Wing. A general she knew was
working with the local USAFR recruiters to hire her and attach
her to the medical squadron. However, through no fault of her
own, the process was not completed in a timely manner.
She attempted to register for SOS by correspondence in
preparation of her next promotion. However, her request was
denied due to her status as an inactive reservist. The process
to be gained into the AFR continued to progress extremely slowly
during a 24 month timeframe (Jun 08 May 10).
On 28 May 10, she received an unexpected certified letter
notifying her of being twice deferred for promotion to the grade
of major. She was not informed that she was being considered for
promotion while in an inactive reserve status. After
contacting ARPC, she was informed that there is no requirement
for officers to be notified of promotion boards through certified
mail or otherwise. Without knowing she was meeting promotion
boards, she had no way of communicating her situation to the
board; therefore, she was caught in a catch-22.
The medical squadron commander has been actively engaged with the
wing commander in trying to gain her over the last two years so
that she can fill a much-needed position. She enrolled in SOS
after discovering she was eligible to do so through her civil
service position. If her recruiter is allowed to continue to
work on gaining her into the medical unit and she successfully
completes SOS, she believes she will successfully be promoted to
major.
In support of her request, the applicant provides letters of
support.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently in the Individual Ready Reserve in the
grade of captain (0-3). She was discharged on 19 Aug 07 due to
her two non-selects.
Additional relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force. Accordingly, there is no need to recite these facts
in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. DPB states the applicant was
considered but not selected for promotion by the CY09 Non-
participating Reserve (NPR) Major Line and Health Professions
Promotion Board and the CY10 NPR Major Line and Health
Professions Board. DPB also states that Title 10 USC, Section
14301 (10 USC 14301), requires that all officers on the Reserve
Active Status List (RASL) must be considered for promotion when
eligible. The members non-selection letter and attachment
listing the effects of non-selection would have also been sent to
the address reflected in the Military Personnel Data System
(MilPDS); however, there was no record to verify her address in
MilPDS in Nov 08 or Nov 09, approximately when the convening
letters for each board would have been mailed. DPB notes that
there were no errors in the applicants record when it met the
promotion boards. She will be discharged IAW current laws and
regulations. The applicant does not provide any evidence that
the boards recommendations were in any way unfair or unjust.
The ARPC/DPB complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by reiterating her original contentions;
however, she disagrees with the fact analysis of the advisory
opinion. The following areas are her main rebuttal points:
a. The advisory does not address the main issue, which is
the extreme amount of time it takes to gain a member into the
Reserve that resulted in her inability to complete SOS and be
selected to major during the promotion boards.
b. The number of captains promoted is one in the NPR, which
makes the chances of her being selected miniscule without
completion of the required PME. As a result, the system unfairly
impedes health professionals who separate after their initial 4-
year commitment from successfully activating in the Reserves
without beginning the process immediately upon separating from
active duty because the time clock is less than someone who
separates as a 1LT (0-2) or early captain.
c. She did due diligence in attempting to be gained by the
AFR; however, despite her efforts she did not receive the proper
assistance from the recruiter and believes this to be the primary
reason for her being discharged. One reason for the lack of
assistance seems to be that the recruiters do not receive the
same credit in gaining her as they would a non-health
professional.
d. As mentioned in her original contention, military
suicides have continually risen over the last several years. For
this reason, now is not the time to discharge mental health
professionals permanently.
The applicants complete submission 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 time 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, 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. We note the
applicants assertions that she exercised due diligence and that
through no fault of her own the slow hiring process prevented her
completion of SOS prior to meeting the contested promotion
boards, which in turn caused her promotion non-selections.
However, we find no evidence that she has been treated any
differently than other officers who are similarly situated. In
accordance with 10 USC 14301, all officers on the RASL must be
considered for promotion when eligible. In addition, she was
discharged in accordance with law, as implemented by governing
instruction, as a result of her two promotion non-selections.
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-2011-00141 in Executive Session on 19 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jan 11, w/atchs.
Exhibit B. Letter, AFPC/DPB, dated 16 Feb 11.
Exhibit C. Letter, SAF/MRBR, dated 18 Feb 11.
Exhibit D. Letter, Applicant, undated.
Panel Chair
AF | BCMR | CY2011 | BC-2011-02113
She notes that even the Air Reserve Personnel Center (ARPC) Fact Sheet on the IRR does not disclose information about a Reserve officers promotion status and led her to believe that she would not be discharged unless she requested resignation of her commission. The applicants complete submission is at Exhibit A. The applicant was discharged from the Regular Air Force with a separation pay benefit prior to completing her MSO.
AF | BCMR | CY2013 | BC 2013 02947
The NPR has a promotion opportunity of one (1) at each board. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ The following members of the Board considered Docket Number BC- 2013-02947 in Executive Session on 15 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Jun 13, w/atchs.
AF | BCMR | CY2012 | BC-2012-00099
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00099 COUNSEL: NONE HEARING DESIRED: YES IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: One of his non-selections to the rank of major on the Calendar Years 2009 (CY09) and 2010 (CY10) Line and Health Professions Nonparticipating Reserve (NPR) Major Promotion Selection Boards be expunged from his record. Both of the promotion boards on...
AF | BCMR | CY2013 | BC-2013-00304
In support of the appeal, the applicant provides copies of email correspondence; Calendar Year 2011 (CY11) Nonparticipating Reserve (NPR) Major Promotion Selection Board Eligibility Notification letter, dated 10 Dec 10; CY11 Major Promotion Selection Board Nonselect letter, dated 14 Apr 11; CY12 NPR Major Promotion Selection Board Eligibility Notification letter, dated 19 Dec 12, and various other documents. On 30 Sep 07, the applicant was appointed as a Reserve of the Air Force officer and...
AF | BCMR | CY2010 | BC-2010-03632
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. At the time of both promotion boards, the applicant was...
AF | BCMR | CY2014 | BC 2014 02059
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/PB recommends denial indicating there is no evidence of an error or an injustice. When considered by the CY11 and CY12 Nonparticipating Reserve Major Promotion Selection Board, the applicant was assigned to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS). ...
AF | BCMR | CY2007 | BC-2006-02873
Had he been selected for promotion by this Board, he would have a DOR of 7 April 2006. When the error was realized, the ANG promoted him via Position Vacancy (PV) and recommended he apply to this Board to have his DOR and PED corrected to the earlier date. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the Reserve...
AF | BCMR | CY2013 | BC 2013 04161
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04161 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be retained as an officer in the Air Force Reserve until such time as he can meet a special selection board (SSB) for promotion to the rank of Major. ARPC/PB states that the applicant did not provide documentation showing that his record contained errors, nor evidence that the board's recommendations were in any...
AF | BCMR | CY2010 | BC-2010-00050
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. Based on the applicants 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. ...
AF | BCMR | CY2013 | bc-2013-00746
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00746 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her two non-selections for promotion while in the Individual Ready Reserve (IRR) be removed. PB states that a review of the applicants Officer Selection Record (OSR) and Officer Selection Briefs (OSBs) does not reveal any errors at the time it...