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AF | BCMR | CY2012 | BC-2012-05712
Original file (BC-2012-05712.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05712
		
		COUNSEL:  NONE
		
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His two non-selections to major be removed and he be reinstated 
into the Air Force Reserve in the rank of major.

________________________________________________________________

APPLICANT CONTENDS THAT:

As a part of his voluntary separation, he was placed into the 
Inactive Reserve, not the Inactive Ready Reserve.  His 
commission is indefinite unless he resigns; which he never 
would.  As a member of the Inactive Reserve, he should have 
never met the promotion board.  

The discharge is inaccurate because had he been part of those 
promotion boards, he would have been promoted to major.

In support of the appeal, the applicant provides his DD Form 
214, Certificate of Release or Discharge from Active Duty, 
letters of recommendation and certifications. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Air Force who served 
from 17 June 2001 through 1 September 2007.  His narrative 
reason for separation is listed as Force Shaping - VSP and the 
type of separation is listed as resignation.  He was assigned 
into the IRR effective 2 September 2007.  

On 14 March 2012, he was notified that he was not recommended 
for promotion to major.  Due to this second promotion deferral, 
a mandatory separation date of 1 October 2012 was established.

He was honorably discharged from the all appointments of the Air 
Force Reserves effective 1 October 2012 in the grade of captain.  

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/PB recommends denial.  The Voluntary Separation Program 
includes separation pay.  When an officer accepts this pay, they 
must remain a member of the Ready Reserve for 3 years.  The 
applicant was discharged from active duty on 1 September 2007 
and assigned to the Obligated Reserve Section until 10 May 2009.  
On 11 May 2009, he was assigned to the Non-Obligated 
Nonparticipating Ready Personnel Section (NNRPS), a part of the 
IRR, to complete his 3 year service in the IRR.  Members are not 
participated assignment into the Inactive Status List Reserve 
Section, because it is part of the Standby Reserve, and the 
Title 10 requirement for receiving separation pay is for the 
member to be part of the Ready Reserve.

While assigned to the NNRPS, he was considered for, but not 
selected by, the CY11 and CY12 non-participating Reserve major 
selection promotion boards.  Following two non-selections, he 
was discharged.  

The applicant was properly assigned, properly considered and 
correctly discharged after failing selection for promotion.

The complete PB 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 11 January 2013 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 error or injustice.  After 
thoroughly reviewing the evidence of record and the applicant’s 
complete submission, we are not persuaded that a change in the 
record is warranted.  The applicant’s contentions are duly 
noted; however, he has not provided persuasive evidence to 
override the rationale provided by the Air Force office of 
primary responsibility (OPR).  Therefore, we agree with the 
opinion and recommendation of the OPR and adopt its rationale as 
the basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  In the absence of persuasive 
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 an 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-2012-05712 in Executive Session on 12 September 2013, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 20 Nov 12, w/atchs.
Exhibit B.  Applicant’s Master Personnel Record.
Exhibit C.  Letter, ARPC/PB, dated 10 Jan 13.
Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 13.





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