RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02561
		INDEX CODE 131.00
	 	COUNSEL:  None 

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His promotion to major by the Fiscal Year 2003 (FY03) Reserve Major Selection Board be carried over with his entry into active duty.

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APPLICANT CONTENDS THAT:

He competed successfully with his peers on the FY03 Reserve Major Selection Board and was promoted to the Reserve rank of major. However, he returned to active duty due to the extended active duty (EAD) recall at the end of Dec 01. Active duty will not honor the Reserve promotion.

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

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STATEMENT OF FACTS:

The applicant, an Air Force Reservist, entered EAD on 14 Dec 01 as a captain with a date of rank (DOR) of 29 May 95. On 11 Feb 02, he was erroneously considered and selected for promotion to the grade of major by the FY03 Air Force Reserve Major Selection Board which convened at the Air Reserve Personnel Center.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPO notes that DODD 1310.1 and Title 10, USC, Section 1431.7, allow for the transfer of a Reserve promotion to the Active Duty List (ADL) if an officer of the Reserve Active Status List (RASL) and on a promotion list as a result of selection for promotion by a mandatory promotion board or a Special Selection Board (SSB) and who, before being promoted, is placed on the ADL of the same Armed Forces and in the same competitive category. However, the applicant was not on a promotion list before being placed on the ADL. Therefore, because the applicant was on the ADL, he was not eligible to be boarded or promoted by a Reserve promotion board. There are no other regulatory or legal provisions that can authorize his promotion transfer to active duty. Denial is recommended.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 11 Oct 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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his request should be granted. Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. The applicant was erroneously boarded by the FY03 Reserve Major Selection Board. He was not on a promotion list before being placed on the ADL. When he was on the ADL, he was not eligible to be boarded or promoted by a Reserve promotion board. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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 this application in Executive Session on 7 January 2003 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-02561 was considered:

   Exhibit A.  DD Form 149, dated 7 Aug 02, w/atch.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 30 Sep 02.
   Exhibit C.  Letter, SAF/MRBR, dated 11 Oct 02.