RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00089
			COUNSEL:  NONE
     			HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His non-selection for promotion to the grade of major (O-4) in 
the Calendar Year (CY) 2012 Individual Ready Reserves (IRR) 
Major Selection Board be removed from his records.  

________________________________________________________________

APPLICANT CONTENDS THAT:

The non-selection will not allow him to serve in the Missouri 
Air National Guard (MOANG).   

The MOANG can accommodate him with a valid duty position.  
However, he has a medical issue involving elevated minor blood 
sugar levels which is waiverable by the National Guard Bureau 
(NGB) but the NGB requires one to three months to process the 
waiver.  

In support of his request, the applicant provides copies of his 
AF IMT 1288, Application for Ready Reserve Assignment; DD Form 
2808, Report of Medical Examination; and other various documents 
associated with his application.   

_________________________________________________________________

STATEMENT OF FACTS:

On 30 Sep 2011, the applicant was honorably discharged from 
active duty after serving 10 years, 3 months and 3 days.  

On 10 Dec 2012, the applicant submitted an AF IMT 
1288 requesting a Ready Reserve Assignment with the MOANG Guard. 
According to the remarks section of this form, the applicant’s 
request was approved pending a Military Entrance Processing 
Station (MEPS) physical.

According to his DD Form 2808, Report of Medical Examination, 
the physical was taken on 10 Dec 2012. 

Reserve Appointment Order PC-00183, dated 4 Jan 2013, assigned 
the applicant to the IRR with a three year service commitment 
for separation pay.  

In response to the applicant’s DD Form 149 requesting his likely 
nonselection for promotion to the grade of major be removed.  
ARPC/PB informed the applicant in a letter dated 5 Feb      
2013, that his application to the Board for removal of promotion 
non-selection was temporarily postponed since the results of the 
Board would not be available until Mar/Apr 2013 timeframe.

On 13 Mar 2013, ARPC/DPTT advised the applicant that he was not 
selected by the Reserve of the Air Force Selection Board.  

On 28 Mar 2013, the MEPS physical taken on 10 Dec 2012 was 
approved. 

On 12 Apr 2013, another unit (130 MSF, West Virginia Guard) 
notified the applicant via e-mail that they had received his 
notice from SG and that he was qualified for an assignment with 
a waiver; however, the commander would not authorize a waiver 
for his passovers for promotion/medical issue and recommended 
that he continue to pursue an assignment with the MOANG.  

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/PB recommends denial of the applicant’s request to remove 
the non-selection from his record.  There was no error in his 
record when it was considered by either board.  The applicant 
was considered but not selected by the CY12 and CY13 USAFR 
Nonparticipating Major Promotion Selection Boards that convened 
on 23 Jan 2012 and 14 Jan 2013, respectively.  

The applicant located a position with the MOANG but because the 
appointment process was delayed due to the applicant obtaining a 
medical clearance, the MOANG was unable to affect the 
appointment prior to the promotion board.  The MOANG cannot 
appoint the applicant now because ANG policy prohibits 
appointment of an officer who is twice deferred for promotion by 
a Reserve of the Air Force promotion board.  

A review of the applicant’s Officer Selection Record (OSR) and 
Officer Selection Briefs (OSBs) do not reveal any errors in the 
record at the time it was reviewed by each board.  The applicant 
has not presented any evidence to prove either board acted 
contrary to law or regulation, or that his record contained any 
errors when considered by either board.  

If the Board does not agree, PB recommends the Board consider 
removing the officer’s name from the list of officers non-
selected for promotion by the CY 2012 and CY 2013 NPR Major 
Promotion boards.  These actions will allow the applicant to 
obtain the ANG position and establish a performance record; 
therefore, improving promotion potential.  


The complete PB evaluation is at Exhibit C. 

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In Feb 2012, he sought correction of his records for change of 
his active duty Promotion Recommendation Form (PRF) which the 
senior rater and the Board approved.

In Jan 2013, he submitted a request for correction of records to 
the Board but the results were still pending at the time of this 
application.  

Because there was very little likelihood that he would be 
selected for promotion, he attempted to seek being removed but 
was told it was a law-bound process and in Feb 2013 he was told 
his request could not be supported.

He sought a position with the West Virginia (WV) recruiter but 
was denied.  

He found a position with the MOANG but his application was 
delayed because of a slightly elevated glucose level.   The 
MOANG found him physically qualified and submitted his 
conditional release request to the Air Reserve Personnel Center 
(ARPC).

The WV Guard is still interested in gaining his service if the 
Board correction can be accomplished.  

The applicant’s complete response, with attachments, is at 
Exhibit E.  

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.  

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After a 
thorough review of the evidence of record we believe that relief 
is warranted.  While we note there were no errors in the 
applicant’s records when it met the promotion Board, it appears 
that the applicant had a medical condition outside his control 
which delayed his appointment in the MOANG.  By the time the 
applicant’s waiver was approved, he was no longer eligible for 
appointment in the MOANG as ANG policy prohibits appointment of 
an officer who is twice deferred for promotion by a Reserve of 
the Air Force promotion board.  Therefore, as an exception to 
policy, we find it in the interest of justice to remove the 
applicant’s nonselections for promotion.  Accordingly, we 
recommend the applicant’s records be corrected as indicated 
below. 

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that:

	a. His name be removed from the list of officers non-
selected for promotion by the CY12 and CY13 USAF Reserve 
Nonparticipating Major Promotion Boards.   

     b. His non-selections for promotion be removed from the 
Military Personnel Data System record and all letters of 
notification of Reserve of the Air Force nonselection from the 
Automated Records Management System. 

_________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00089 in Executive Session on 13 Mar 2014 under 
the provisions of AFI 36-2603:

      , Chair
      , Member
      , Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

Exhibit A.  DD Forms 149, dated 28 Dec 2012 and 2 May 13, w/atchs.          
Exhibit B.  Applicant’s Military Personnel Records
Exhibit C.  Letter, ARPC/PB, dated 24 May 2013.
Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 2013.
Exhibit E.  Letter, Applicant, dated 1 Jul 2013, w/atch.




					 				     	
						Panel Chair