RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02453
		INDEX CODE:  131.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His nonselection for promotion to the grade of lieutenant colonel by the Calendar Year 2001B (CY01B) lieutenant colonel selection board be removed from his records.

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APPLICANT CONTENDS THAT:

When he entered active duty under the Limited Period Recall Program (LPRP) he was briefed that he would not be eligible for active duty or reserve/guard promotion boards.  Based on legal interpretations of the law, he was forced to meet active duty boards and was not selected for promotion.  He believes meeting an active duty promotion board without a record of active duty performance reports has unfairly penalized him.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Reserve of the Air Force on 22 May 81.  He was progressively promoted to the grade of major, having assumed that grade effective 1 Feb 99 and with a date of rank of 22 May 95.  The applicant entered active duty on 1 Feb 99 under the LPRP.  He was considered and not selected for promotion to the grade of lieutenant colonel by the CY00 (28 Nov 00) and the CY01B (5 Nov 01) Central Lieutenant Colonel Selection Boards.  

On 25 Apr 01, he applied to the AFBCMR requesting that his nonselection by the CY00 selection board be removed from his records.  His request was approved by the AFBCMR on 30 May 01.  

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AIR FORCE EVALUATION:

AFPC/DPPPO reviewed applicant's request and recommends denial.  DPPPO states that prior to March 1999, Reserve officers entering active duty under the LPRP were counseled that they would not be eligible for promotion while on the LPRP.  A legal review resulted in an opinion that there was no legal basis for excluding these officers from active duty promotion boards.  As a result, he became immediately eligible for promotion to lieutenant colonel.  On 21 Apr 00, he was advised of the change to promotion eligibility and provided the option of curtailing his extended active duty (EAD) tour or continue meeting active duty boards.  On 11 May 00, he elected to continue on active duty and understood that he would be considered for promotion by active duty boards.  His tour will be completed on 31 Jan 03 and he will return to the Reserve Active Status List where he will be eligible for Reserve promotion boards.  He has had numerous opportunities to curtail his tour and make himself ineligible for active duty promotion boards.  His reasoning for removal of nonselection is no longer valid.  He met the CY01 board voluntarily; he was not forced to meet that board.

The DPPPO evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 Aug 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant removal of his nonselection for promotion.  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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number 02-02453 in Executive Session on 17 Oct 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPO, dated 30 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 02.
    Exhibit E.  Record of Proceeding, AFBCMR Docket Number 01-01236