RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05246
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His non-selection for promotion by the FY09 nonparticipating reserve (NPR) lieutenant colonel promotion selection board be removed from all military records or reversed.
APPLICANT CONTENDS THAT:
He was not made aware that he was considered and not selected by the FY09 NPR lieutenant colonel promotion selection board while he was in the Inactive Ready Reserve (IRR)/Inactive Status List Reserve Section (ISLRS) until he began processing to return to active ready reserve status in 2012.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Air Force Reserve on 24 Apr 91.
On 15 Oct 07, the applicant was transferred to the Nonobligated Nonparticipating Ready Personnel Section.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
ARPC/PB recommends denial, indicating there is no evidence of an error or an injustice. While assigned to the nonobligated nonparticipating ready personnel section (NNRPS), the applicant was considered, but not selected by the FY09 NPR lieutenant colonel promotion selection board, convened 9 Jun 08. The promotion quota for NPR promotion boards is one. Although members in this reserve section are not in a participating status, in accordance with 10 U.S.C., section 14301, all officers on the reserve active status list must be considered for promotion when eligible. The applicant has not presented any evidence to prove the board acted contrary to law or regulation, or that his record contained any errors when considered by the board.
A complete copy of the 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 2 Jun 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 an 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 the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
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 AFBCMR Docket Number BC-2013-05246 in Executive Session on 14 Oct 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Nov 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/PB, dated 5 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 14.
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