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 applicants 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 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.
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. Applicants 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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