RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00178
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
One of two promotion deferrals to the grade of major be removed
from his records.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He is a prior service commissioned officer who was deferred
for promotion to the grade of Major by the Air National Guard
(ANG) fiscal year (FY) 2004, major promotion board that convened
on 19 April 2004, as well as the AF Reserve FY05, major
promotion board which convened in February 2005. The FY04 board
occurred while he was transferring out of the ANG to accept an
AF Reserve IMA/IRR position. He did not receive notification of
the board and did not have an opportunity to review his records
and write a letter. The FY05 board convened shortly after he
in-processed into the AF Reserve. There was less than one
years time span between the FY04 and FY05 promotion boards. At
that time, he did not realize the ANG board had convened and he
thought the Reserve board was his first promotion board.
He has enlisted in the Michigan, ANG to fill a needed vacancy
that required his specific skill sets.
In support of his request the applicant submits copies of his
service history points summary dated 14 October 2012, DD Form
2802, Report of Medical Examination, and a letter of
recommendation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air National Guard in
the grade of Staff Sergeant, E-5.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
1. ARPC/PB recommends denial. ARPC/PB states the applicants
record met, but was not selected for promotion by, the FY05 ANG
major promotion selection board that convened 5 April 2004. The
applicant then transferred to the AF Reserve on
30 September 2004. His record met, but was not selected for
promotion by, the FY06 AF Reserve major promotion selection
board that convened on 15 February 2005. On 1 November 2005,
the applicant was separated from the Air Force Reserve for being
twice non-selected for promotion. There was no error in his
record when it was considered by either 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.
2. As noted by the AF/JAG in the attachment to their advisory,
there is nothing in law that prohibits the reappointment of a
twice deferred officer who was discharged. The Michigan ANG can
reappoint the applicant if authorized by the National Guard
Bureau (NGB).
The complete ARPC/PB evaluation, with attachment, is at Exhibit
C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 February 2013, for review and comment within 30
days (Exhibit D). To date, a response has not been received.
________________________________________________________________
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 applicants 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 (OPR) and
adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. The
Board notes the AF/JA opinion, in the attachment to the OPRs
advisory, that there is nothing in law that prohibits the
reappointment of a twice deferred officer who was discharged.
As such, the applicant can be reappointed in his current state
of affiliation if authorized by the National Guard Bureau.
Therefore, 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 this application
in Executive Session on 17 October 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2013-00178:
Exhibit A. DD Form 149, dated 7 Jan 2013, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, ARPC/PB, dated 13 Feb 2013, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 2013.
Panel Chair
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