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AF | BCMR | CY2013 | BC 2013 02947
Original file (BC 2013 02947.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02947
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His nonselections for promotion to the grade of major while 
assigned to the Individual Ready Reserve (IRR) be removed.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was unaware that he could be considered for promotion while 
assigned to the IRR.

He was never notified that he was being considered for promotion 
until he received his two-time passover letter.

He has a 1/1,500 chance of being promoted in the IRR.

He applied for several participating positions; however, he was 
not selected.  

He had a medical condition which prevented him from getting a 
position initially until he completed the medical waiver 
process.  He has been working with the recruiters for almost 
two years to obtain a position in the Air National Guard (ANG) 
or the Air Force Reserve (AFR).  Had he known there was a 
limited window of opportunity to join, he would have chosen a 
different vector in 2010.

In support of his appeal, the applicant provides a personal 
statement; letters of support from friends and associates; 
second deferral for promotion letter; Officer Selection Brief 
(OSB) and a copy of his IRR agreement/contract. 

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant was considered, but not selected, for promotion to 
the grade of major by the Calendar Year 2012 (CY12) and the 
CY13 Line and Nonline Nonparticipating Reserve (NPR) Major 
Promotion Selection Boards, that convened on 23 Jan 12 and 
14 Jan 13, respectively.  The quota for the nonparticipating 
major boards was one (1) for each board.

On 1 Oct 13, the applicant was discharged under the provisions 
of Title 10, United States Code 14505 and 14513 for two 
nonselections for promotion to the grade of major.  

________________________________________________________________

THE AIR FORCE EVALUATION:

ARPC/PB recommends denial, stating in part, that there were no 
errors in his record as it met the boards.  The applicant was 
discharged IAW current laws and regulations.  The applicant's 
only evidence to support that the board's recommendations were 
in any way unfair or unjust, is that he was not informed of 
promotion opportunity by the IRR information package. 

The NPR has a promotion opportunity of one (1) at each board. 
Although members in the NPR are not in a participating status, 
IAW Title 10 USC, Section 14301, all officers on the Reserve 
Active Status List (RASL) must be considered for promotion when 
eligible.  Officers in the NPR are part of the RASL.

A review of the applicant's Officer Selection Record (OSR) and 
the OSB did not reveal any errors in the record at the time it 
was reviewed by each board.  No information was provided to 
either promotion board that would identify this member, or any 
other meeting the board, as in-the-promotion-zone or above-the-
promotion-zone.

Promotion is a competitive process.  Board members use the 
"Whole Person Concept" in reviewing the entire OSR.  The board 
considers job performance, as documented on Officer Performance 
Reports (OPRs), 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.

The complete PB evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE 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).

________________________________________________________________

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.  We took notice 
of the applicant's 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 and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  In view of the 
above and 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 Docket Number BC-
2013-02947 in Executive Session on 15 Apr 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jun 13, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, ARPC/PB, 1 Jul 13.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 13.




                                   Panel Chair






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