RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04565
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His nonselections for promotion be removed and he be returned to
the Individual Ready Reserve (IRR) effective the date of the
Boards approval.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never provided counseling at the time of his active duty
separation. He was never notified that he was eligible for
promotion consideration in the IRR. He was unaware that he
could complete PME while in the IRR. He was unaware of the
consequences of being a two-time pass over in the IRR. He did
not find out that he was discharged on 1 Jul 03 until 3 Oct 06,
when he contacted a recruiter about reentry into the Air Force
Reserve. He attempted reentry again in 2009 and is trying again
to come back and serve in a critical required AFSC as a Flight
Surgeon.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the information from the Air Force offices of primary
responsibility (OPRs), on 15 Jun 88, the applicant was appointed
and entered active duty in the grade of captain. He was
progressively promoted to the grade of major with an effective
date of 6 Jun 94. On 8 Nov 99 and 6 Nov 00, respectively, he
met and was nonselected by the Calendar Year 1999A (CY99A) and
the CYOOA Lieutenant Colonel Medical Corps Central Selection
Boards (CSBs). He was eligible for continuation; however, the
record reflects that he separated from active duty on 30 Jun 01.
On 1 Jul 01, he was assigned to the Non-obligated Non-
participating Ready Personnel Section (NNRPS). On 1 Jul 03, he
was assigned to the Inactive Status List Reserve Section (ISLRS)
and was released to civilian status on 2 Jul 04.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/CV did not make a recommendation and states that the
applicant has never met a USAFR promotion board and recommended
a referral to AFPC to comment on the promotion deferrals.
The applicant did not meet any promotion boards during the time
he served in the USAFR. While in NNRPS, he was eligible for the
Fiscal Year 2003 (FY03) USAFR Lieutenant Colonel Promotion Board
that convened 24 Jun 02. However, there is no record of the
applicant meeting this board. He was not eligible for the FY04
USAFR Lieutenant Colonel Promotion Board due to his pending
assignment to ISLRS, a non-promotion eligible status.
The applicant's transfer to ISLRS on 1 Jul 03 and subsequent
discharge on 2 Jul 04 was in accordance with current laws and
regulations. The order discharging the applicant from all
appointments in the USAF was published on 31 Aug 04 and mailed
to the address listed on his DD 214.
The complete ARPC/CV evaluation is at Exhibit B.
AFPC/DPSOO recommends denial, stating that the applicant has not
provided any justification as to why his active duty
nonselections should be removed. DPSOO has no recommendation if
the Board's decision is to grant relief over their objections.
The complete DPSOO evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 11 Jan 13 for review and comment within 15 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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and
recommendations of the Air Force offices 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. 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-2012-04565 in Executive Session on 2 Jul 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Sep 12.
Exhibit B. Letter, ARPC/CV, dated 8 Nov 12.
Exhibit C. Letter, AFPC/DPSOO, dated 21 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.
Panel Chair
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