RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00667
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His non-selection for promotion to the Reserve grade of major by the Fiscal Year 1999 (FY99) Air Force Reserve Major Selection Board be set aside.

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APPLICANT CONTENDS THAT:

He was not actively participating in the Reserve, but was receiving a stipend while in Surgical/Critical Care - Trauma Fellowship Training and sitting for surgical board certification.  He states he has not yet attended commissioned officers training.

Applicant’s complete submission is attached at Exhibit A.
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STATEMENT OF FACTS:

Applicant is currently serving in the Air Force Reserve Medical Corps, in the grade of captain.

On 15 January 1996, applicant signed his original oath as a captain in the Reserve medical corps.

At the time of his appointment, he was given constructive credit which established his date of rank (DOR) to captain as 15 January 1990 and his total years service date (TYSD) as 1 July 1985.

On 7 July 1997, he was appointed and entered the stipend program as a full stipend student.  The surgical tramatology/critical care fellowship was completed on 30 June 1998.  The applicant is also board certified in surgery.

On 10 November 1998, applicant was assigned to the 89th Medical Group at Andrews AFB.

Applicant was considered and not selected for promotion to the Reserve grade of major by the FY99 (2 March 1998) and the FY00  (1 March 1999) Selection Boards.

The only documents in the Officer Selection Folder for review by the selection boards were two AF Forms 77 dated 15 January 1996 to 1 October 1996 and 2 October 1996 to 9 November 1998.  Both documents contain the statement “Not rated for the above period.  Report is not available for administrative reasons.”

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AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ ARPC/DP, reviewed this application and states that the applicant sent a letter to the President of the FY00 board explaining his participation and completion of the stipend program and his recent assignment.

Under the Reserve Officer Personnel Management Act, a Reserve officer who is on the Reserve Active Status List and meets the eligibility criteria must meet the promotion selection boards.  At the present time there are no policies in place for members who are in the stipend program and not actively participating.  Therefore, they recommend denial of applicant’s request.

If the AFBCMR disagrees with their recommendation, the applicant’s name should be removed from the FY99 non-select list.  If not selected by the FY00 Major Selection Board, the applicant should be allowed to meet the FY01 board that convenes in March 2000.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and provided additional documentation that is attached at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the evidence of record, we are persuaded that the applicant did not have sufficient time to develop a performance record  prior to being considered for promotion.  We note that at the time he was considered for promotion to the grade of major the only documents in his selection folder were two AF Forms 77 containing the statement that he was not rated.  The Air Force, based on his credentials, commissioned the applicant in 1996, and allowed him to enter the stipend program.  The applicant completed the surgical tramatology/critical care fellowship in June 1998.  As the record now stands, it appears the applicant will be separated from the Reserves based on his two non-selection for promotion, without being given an opportunity to establish a record to compete for promotion with his peers.  In view of the above, we believe that the applicant has been the victim of an injustice.  Therefore, we recommend his non-selections for promotion to the Reserve grade of major be removed from his records.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was not considered for promotion to the Reserve grade of major by the Fiscal Year 1999 and 2000 Air Force Reserve Major Selection Boards.

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The following members of the Board considered this application in Executive Session on 19 August 1999, under the provisions of AFI 36-2603:

		

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 February 1999, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DP, dated  26 April 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 17 May 1999.
   Exhibit E.  Applicant’s Response, undated, w/atchs.