RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03421
		INDEX CODE:  102.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her Reserve commission be voided and her Reserve records be expunged from the Reserve system.

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APPLICANT CONTENDS THAT:

She resigned her Regular Air Force commission so that she could continue her career in the Reserves because her spouse was an Army officer and she did not want to split up their family for 3 or more years.  After her arrival at Savannah, GA, she received a fact sheet from the Air Reserve Personnel Center (ARPC).  She immediately contacted a recruiter for assistance in obtaining a Reserve assignment, but was told there were no positions available in her career field.  Her husband received notification of an assignment move to Leavenworth, KS.  She contacted the Military Personnel Flight and obtained a position in the Command Post at Whiteman AFB, MO.  However, she could not finalize the administrative requirements for the position.  She was then notified by ARPC that she had been twice notified of her nonselection for promotion to major and was scheduled for discharge.  Her Fiscal Year 2003 (FY03) pre-selection brief did not indicate that this was her second consideration for promotion to major.  In fact, she believed it was her first consideration since she did not receive notification she had been previously considered.  

Officers in her category had a 3 percent selection rate compared to 89 percent for those participating officers.  She was also not selected for continuation because she was not participating.  She was told by personnel at ARPC that everyone considered was sent a letter notifying them of their consideration during the first board and that it did not matter because it would not have changed her chances for promotion.  However, if she had known she was being considered, she could have written a letter to the board to explain why she had not participated.  She feels that she is in this position because of a chain of events over which she had no control.  Had she known this, she would have delayed asking for a Reserve commission until she had found a unit in which she could participate.  

In support of her request, applicant provided a personal statement, a fact sheet, her pre-selection brief, and a letter from her husband.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered extended active duty on 23 Jul 90.  She was progressively promoted to the grade of captain.  She resigned her regular commission effective 19 Aug 00 upon completion of her required service.  On 20 Aug 00, she executed an AF Form 133, Oath of Office, and accepted a Reserve commission.  She was assigned to the Non-obligated Non-participating Ready Personnel Section (NNRPS) on 26 Sep 00.  

She was considered and not selected for promotion to the grade of major by the FY02 (19 Feb 01) and FY03 (11 Feb 02) Line and Health Professions Major Selection Boards.  She was discharged from the Air Force Reserves effective 1 Nov 02.

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AIR FORCE EVALUATION:

ARPC/DPA recommends denial of applicant's request.  DPA states that there were no irregularities in the manner in which she met promotion boards.  Since records are not retained, there are no records on file to show she was notified that she was going to meet the FY02 board or that she had been passed over.  She voluntarily accepted and properly executed a Reserve oath according to Title 5, U.S.C.  The DPA evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Dec 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.      Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting partial relief of the applicant’s request.  In this respect, we note that it appears the applicant was not notified that she had been non-selected for promotion by the FY02 major board.  As a result of not being notified, she was deprived of an opportunity to prepare her record for the FY03 selection board.  The Air Force has suggested that her nonselection by the FY02 board be voided and ser be provided sufficient time (4 months) to find an assignment and participate for one year before being considered for promotion.  We believe that the appropriate relief, under the existing circumstances, we be to correct her records to show that she was not considered for promotion by the CY02 and CY03 selection boards and, provided she finds an assignment by 1 October 2003, any nonselection for promotion, prior to obtaining one officer performance report, also be declared void.  It will be the applicant’s responsibility to find an appropriate assignment be l October 2003.  Since the applicant voluntarily accepted a Reserve commission in 2000, we do not believe that her request for voidance of this action should be approved.  The above-recommended corrections to her records, in our opinion, provided full and fitting relief.  In view of our findings, we recommend her records be corrected to the extent indicated below.

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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:

	a.  She was not considered for promotion to the reserve grade of major by the Fiscal Years 2002 and 2003 Air Force Reserve Major Selection Board.

	b.  She was not discharged from the Air Force Reserves on 1 November 2002; rather, she continued to be assigned to the Non-obligated Nonparticipating Ready Personnel Section (NNRPS).

Provided she obtains an assignment by 1 October 2003, it is further directed that any consideration and non-selected for promotion to the reserve grade of major before receiving one annual Officer Performance Report (OPR) be, and hereby is, set aside.

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The following members of the Board considered Docket Number BC-2002-03421 in Executive Session on 9 Apr 03, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

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

    Exhibit A.  DD Form 149, dated 25 Sep 02, w/atchs.
    Exhibit B.  Letter, ARPC/DPA, dated 10 Dec 02.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Dec 02.

					

AFBCMR BC-2002-03421

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		a.  She was not considered for promotion to the reserve grade of major by the Fiscal Years 2002 and 2003 Air Force Reserve Major Selection Board.

		b.  She was not discharged from the Air Force Reserves on 1 November 2002; rather, she continued to be assigned to the Non-obligated Nonparticipating Ready Personnel Section (NNRPS).

	Provided she obtains an assignment by 1 October 2003, it is further directed that any consideration and non-selected for promotion to the reserve grade of major before receiving one annual Officer Performance Report (OPR) be, and hereby is, set aside.