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AF | BCMR | CY2013 | BC 2013 04161
Original file (BC 2013 04161.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04161

			COUNSEL:  NONE

			HEARING DESIRED: NO

APPLICANT REQUESTS THAT:

He be retained as an officer in the Air Force Reserve until such 
time as he can meet a special selection board (SSB) for 
promotion to the rank of Major.  


APPLICANT CONTENDS THAT:

He recently learned that his records met a promotion board in 
2009 when he believed that the 2013 board was to be his first 
board.  He was not notified that he was considered for promotion 
by the fiscal year (FY) 2009 board, nor was he given an 
opportunity to review his records considered by the FY09 board, 
which contained errors, prior to meeting the board as required 
by law.  He is scheduled to be separated from the Air Force 
Reserve for being twice deferred for promotion.  His pending 
separation is improper.  

The applicant did not submit any additional documentation in 
support of his request.

The applicant’s complete submission is at Exhibit A.



STATEMENT OF FACTS:

According to copies of documents extracted from the Automated 
Records Management System (ARMS), the applicant is a former 
commissioned officer of the Air Force Reserve.  He served from 
31 May 2000 until 1 October 2013.  On 13 March 2013, the 
applicant received a memorandum from ARPC/DPTT informing him 
that because of his second deferral for promotion he must be 
discharged in accordance with Title 10 U.S.C. Section 14505.  
His mandatory separation date was adjusted to reflect 
1 October 2013.  

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:

ARPC/PB recommends denial.  ARPC/PB states that the 
applicant did not provide documentation showing that his record 
contained errors, nor evidence that the board's recommendations 
were in any way unfair or unjust.  There is no reason for 
special selection board (SSB) consideration.  The applicant was 
considered, but not selected, by the Calendar Year (CY) 2010, 
CY10, Nonparticipating Reserve (NPR) Major Promotion Selection 
Board that convened on 1 February 2010.  Although these members 
are not in a participating status, in accordance with (IAW) 
Title 10 USC, Section 14301, all officers on the Reserve Active 
Status List (RASL) must be considered for promotion when 
eligible.  The NPR had a quota of one (1).  The applicant was 
assigned to the Inactive Status List, making him ineligible for 
consideration for promotion by the CYl1 and CY12 promotion 
boards.  He was then considered, and not selected, by the CY13, 
Line and Nonline Participating Reserve Major Promotion Selection 
Board that convened on 14 January 2013.  A review of the 
applicant's Officer Selection Record (OSR) 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 the applicant or any other member meeting the board as 
in-the-promotion-zone or above-the-promotion-zone.  The 
applicant must be discharged by law.

Lack of notification of convening of a promotion board is 
not an appealable action.  AFI 36-2504, Promotion, Continuation, 
and Selective Early Removal in the Reserve of the Air Force, 
paragraph 1.7., states that all officers will be aware of when 
they are meeting a promotion board, and are responsible for the 
content of their record.  Notification of pending NPR boards is 
sent to a member's last known address, as maintained in the 
Military Personnel Data System (MilPDS).  Notification of 
convening promotion boards is sent through the local Military 
Personnel Section via an action memo through the Air Force 
Promotion System.  

Board members use the “Whole Person Concept” in reviewing 
the entire Officer Selection Record. The board considers job 
performance, as documented on 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 ARPC/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 7 February 2014, 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 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 (OPR) and 
adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
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 11 March 2014, under the provisions of 
AFI 36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04161 was considered:

    Exhibit A.  DD Form 149, dated 25 August 2013.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, ARPC/PB, dated 18 September 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 7 February 2014.



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