RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02113
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her record reflect that she resigned her Air Force Reserve
commission as of the date she was transferred to the Individual
Ready Reserve (IRR) (Sep/Oct 09).
________________________________________________________________
APPLICANT CONTENDS THAT:
She was misinformed and not given all of the facts about her IRR
status. She was not properly advised that she would be
considered for promotion and/or that there was a slim
possibility that she would be promoted. 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.
She should have been advised that there was a slim chance of
being promoted to major in the IRR, had she known this she would
have resigned her commission and reentered the Air Force at a
later date.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant resigned her Regular Air Force commission, on
29 Sep 07, with a reason for separation of Force Shaping
Voluntary Separation Pay (VSP). She was transferred to the Air
Force Reserve to complete a three year Military Service
Obligation (MSO) as a result of receiving VSP.
The applicant was considered but not selected by the Calendar
Year 2010 (CY10) and CY11 Line and Health Professions
Nonparticipating Reserve (NPR) Major Promotion Selection Boards
that convened at HQ ARPC 1 Feb 10 and 31 Jan 11 respectively.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, stating, in part, the applicant was
not eligible to resign her commission based on the three year
commitment she incurred by accepting separation pay. There were
no errors in her record as it met the boards. The applicant
will be discharged in accordance with (IAW) current laws and
regulations. She has provided no evidence that the board's
recommendations were in any way unfair or unjust.
The applicant was discharged from the Regular Air Force with a
separation pay benefit prior to completing her MSO. She was
required to accept a Reserve commission and be assigned to the
IRR due to the unexpired MSO and a three year Ready Reserve
service commitment incurred with the receipt of the separation
pay. The three year service commitment began on 19 May 08 after
the completion of the MSO and terminated on 18 May 11. She was
required to remain assigned in a Ready status for the entire
term of the commitment and was not allowed to resign her Reserve
commission. Reserve members are promotion eligible during
periods assigned to the IRR and will meet promotion boards if
selected. The applicant was eligible to seek a participating
Reserve assignment during the entire period assigned to the IRR
but did not elect to do so.
When the applicant met both promotion boards, she was assigned
to the Non-obligated Nonparticipating Ready Personnel Section
(NNRPS). 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.
She received a projected discharge date from all appointments in
the USAF, effective 1 October 2011.
The complete ARPC/DPTT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 Jul 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 timely 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 Reserve office of primary responsibility and
adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. In
addition, we found no evidence that persuades us that the
applicant was miscounseled about her Reserve status and
potential for promotion or that she could have resigned her
commission prior to her consideration for promotion. 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-2011-02113 in Executive Session on 16 February 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jun 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 5 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11.
Panel Chair
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