RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02838

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

1.  His non-selection to the grade of major (O-4) by the calendar year (CY) 2012 Line and Nonline Nonparticipating Reserve (NPR) promotion selection board be declared void and removed from his records.  

2.  His mandatory separation date (MSD) be extended to allow him the ability to compete for promotion to the grade of major during the calendar year (CY) 2014.  

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APPLICANT CONTENDS THAT: 

He had insufficient time to prepare and be competitive for his major selection board which resulted in a second deferral for promotion.  

He was not selected for promotion to major in January 2012, while a member of the Inactive Ready Reserve (IRR).  He later accepted a position and began participating with an active reserve unit in the summer of 2012.  He was notified in November 2012 that he would be meeting a promotion board in January 2013.  As such, he was not afforded the opportunity to meet the major’s promotion board, for the second time, with a competitive packet.  

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

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STATEMENT OF FACTS:

According to the applicant’ DD Form 214, Certificate of Release or Discharge From Active Duty, he commenced his active duty service on 3 Jan 05, in the grade of captain (O-3).  

On 23 Feb 08, the applicant was honorably discharged from the Regular Air Force due to resignation and transferred to the Individual Ready Reserve because he had not completed his mandatory service obligation.  

On 29 Jul 12, the applicant was transferred from the IRR to an active reserve unit.  

On 1 Oct 13, the applicant was honorably discharged from all appointments in the United States Air Force at his MSD.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

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AIR FORCE EVALUATION:

ARPC/PB recommends denial indicating there is no evidence of an error or an injustice.  The applicant contends he did not have sufficient time to prepare and be competitive for his major selection board.  He was considered but not selected by the CY12 Line and Nonline Nonparticipating Reserve (NPR) major promotion board, and CY13 Line and Nonline Participating Reserve major promotion selection board.  As a result of being twice deferred for promotion, in accordance with Title 10, United States Code (USC), he was discharged, effective 1 Oct 13.  His separation was carried out in accordance with Title 10, USC, Section 14505, Effect of failure of selection for promotion, which requires reserve captains to be separated upon being twice non-selected for promotion.  Promotion is a competitive process.  The “whole person concept” is considered during the review of an officer selection record (OSR).  The board considers job performance, as documented on offer performance reports (OPR), participation, professional qualities, job responsibility, leadership, specific achievements, decorations, and education.  A promotion board is the sole recommending authority, and no feedback is provided by the board to explain why a member is not recommended for selection to the next higher grade.  In this case, a review of the applicant’s OSR and officer selection briefs (OSB) did not reveal any errors.  In addition, no information was provided to either promotion board that would identify him as in-the-promotion zone or above-the-promotion zone.  The applicant has provided no evidence that his promotion board was in any way unfair or unjust.  As such his discharge is in accordance with current law and regulations. 

A complete copy of the ARPC/PB evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 Aug 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).  

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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 injustice.  The applicant contends that due to delays in his assignment to a reserve unit, he did not have sufficient time to build a competitive record before being non-selected for promotion and discharged at his mandatory separation date (MSD).  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant has been the victim of an injustice.  We note the comments of ARPC/PB indicating there were no errors in the applicant’s considerations for promotion and that his mandatory separation date (MSD) was appropriately established in accordance with the governing statute; however, in view of the fact that he had to be considered for promotion so soon after his assignment in an active status, we believe he was precluded from being fairly considered for promotion.  Therefore, we believe it would be appropriate to remove his second non-selection for promotion, thereby nullifying his MSD.    

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THE BOARD RECOMMENDS THAT:

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

      a.  His non-selection to the grade of major (O-4) by the calendar year (CY) 2012 Line and Nonline Nonparticipating Reserve (NPR) promotion selection board be declared void and removed from his records.  
      
      b.  On 1 Oct 13, he was not discharged, but on that date he continued to serve as a member of the Air Force Reserve.  
      
      c.  Any non-selections for promotion to the grade of major (O-4) be set aside until such time as the applicant is furnished at least three officer performance reports (OPR) with at least 250 days of supervision.
      
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The following members of the Board considered AFBCMR Docket Number BC-2013-02838 in Executive Session on 18 Mar 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

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

	 Exhibit A.  DD Form 149, dated 3 Jun 13, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, ARPC/PB, dated 27 Jun 13.
	 Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 13.
	



                                   
                                   Panel Chair

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