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AF | BCMR | CY2013 | BC-2013-00304
Original file (BC-2013-00304.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-00304
	XXXXXXX				COUNSEL:  NONE
								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her honorable discharge be overturned and she be placed back 
in the Individual Ready Reserve (IRR).

2.  Her two non-selections for promotion to the grade of major 
be removed.

2.  She be reinstated into the Air Force Reserve (USAFR).

________________________________________________________________

APPLICANT CONTENDS THAT:

She attempted to sign up for Squadron Officer School (SOS) by 
correspondence in order to complete her Professional Military 
Education (PME) requirements for promotion; however, ARPC 
advised her that she would have to be assigned to a unit.

She never received formal notification following her second 
promotion board stating that she was passed over.  Without 
knowledge of the pending discharge, she applied and was selected 
for an Air Reserve Technician (ART) position which would allow 
her to complete her requirements for promotion.

In support of the appeal, the applicant provides copies of email 
correspondence; Calendar Year 2011 (CY11) Nonparticipating 
Reserve (NPR) Major Promotion Selection Board Eligibility 
Notification letter, dated 10 Dec 10; CY11 Major Promotion 
Selection Board Nonselect letter, dated 14 Apr 11; CY12 NPR 
Major Promotion Selection Board Eligibility Notification letter, 
dated 19 Dec 12, and various other documents.

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

________________________________________________________________

STATEMENT OF FACTS:

On 5 Jul 01, the applicant entered active duty in the Regular 
Air Force.  She was progressively promoted to the grade of 
Captain, with an effective date and date of rank of 12 Jun 05.  

On 29 Sep 07, she was discharged from active duty and credited 
with 6 years, 2 months and 25 days of active duty service.

On 30 Sep 07, the applicant was appointed as a Reserve of the 
Air Force officer and was assigned to the IRR.

On 14 Mar 12, she was notified that as a result of her second 
deferral, in accordance with the governing law and Air Force 
policy, she would be discharged, effective 1 Oct 12.

On 1 Oct 12, the applicant was discharged from all appointments 
in the USAF.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial and states, in part; the applicant 
was properly assigned, properly considered for promotion, and 
correctly discharged after failing selection for promotion.

The applicant accepted separation pay and was required to be a 
member of the IRR for three years after her military service 
obligation expired (Title 10 U.S.C. Section 1174).  She 
completed her three years on 18 May 12.  She was considered but 
not selected for promotion by the CY11  NPR Major Promotion 
Selection Board, which convened 31 Jan 11, and the CY12 NPR 
Major Promotion Selection Board, which convened 23 Jan 12.  The 
quota for these boards was one (l) for each competitive 
category.

The complete DPB 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 24 Feb 13 for review and response.  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 Reserve 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.  
Additionally, we found the actions taken by the Air Force 
Reserve were in accordance with law and Air Force policy.  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 AFBCMR Docket 
Number BC-2013-00304 in Executive Session on 7 Nov 13, under the 
provisions of AFI 36-2603:


Although Mr. XXXXXX chaired the panel, in view of his 
unavailability, Mr. XXXXX has signed as Acting Panel Chair.
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Dec 12, w/atchs. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 11 Feb 13.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 13.




                                   Acting Panel Chair
3

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