RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02059
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her two non-selections for promotion be removed from her record.
APPLICANT CONTENDS THAT:
She was unjustly passed over for promotion twice while she was in inactive status. Title 10, Chapter 1005, §10153 states while in inactive status, a Reserve is not eligible for pay or promotion and does not accrue credit for years of service under Chapter 1223 of this title. Therefore, she was ineligible of promotion. She was never notified this was a possibility before she left participating service in the Reserve and entered inactive service to attend the seminary. She had always planned to return to service, which is why she remained in inactive status. Now she wants to serve as a Chaplain in the Air National Guard.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 6 Jan 03.
On 13 Aug 06, the applicant separated from the Regular Air Force in order to enter the Air Force Reserve.
Under Reserve Order A-119, dated 18 Aug 08, the applicant was reassigned to the Air Reserve Personnel Center due to her Reserve participation conflicting with her civilian educatgion.
On 31 Jan 11, the applicant was considered, but not selected, for promotion to the grade of major (O-4) by the Calendar Year 2011 (CY11) Nonparticipating Reserve Major Promotion Selection Board.
On 23 Jan 12, the applicant was again considered, but not selected, for promotion to the grade of major (O-4) by the Calendar Year 2012 (CY12) Nonparticipating Reserve Major Promotion Selection Board.
Under Reserve Order CB-001602, dated 25 Sep 12, the applicant was discharged from the Air Force Reserve, effective 1 Oct 12, for having been passed over twice for promotion to the grade of major.
The remaining relevant facts pertaining to this application are contained in the memorandum 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. When considered by the CY11 and CY12 Nonparticipating Reserve Major Promotion Selection Board, the applicant was assigned to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS). The promotion quota for each of these two selection boards was one (1). Although members in the NNRPS are not in a participating status, in accordance with Title 10 USC §14301, all officers on the Reserve Active Status List (RASL) must be considered for promotion when eligible. Each nonparticipating candidate is notified and provided an Officer Pre-selection Brief (OPB) by mail approximately four months prior to each promotion board. A board convening notice is also posted on the MyPers website announcing each board. A review of the applicants Officer Selection Record (OSR) did not reveal any errors in the record at the time it was reviewed by the board. The applicant was properly considered for promotion by the two promotion selection boards IAW Title 10 USC §14301.
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 4 Aug 15 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 ARPC/PB and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the applicant contends that she should not have been considered for promotion because she was inactive, in view of the fact that she was on the Reserve Active Status List (RASL), she was required to be considered for promotion. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-02059 in Executive Session on 19 Feb 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02059 was considered:
Exhibit A. DD Form 149, dated 11 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/PB, dated 5 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 15.
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