RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00766
		INDEX NUMBER:  131.10
	XXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His two nonselections to the grade of captain by the Air Force Reserve Fiscal Year (FY) 1996 and FY97 Line and Nonline Captains Promotion Boards be set aside and he be allowed to enter the Air Force Reserve as a first lieutenant.

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APPLICANT CONTENDS THAT:

His efforts to reenter the Air Force Reserves have been futile.

The “up-or-out” promotion procedure has been wrongly applied to him, as he had been actively attempting to reenter the Air Force Reserve since leaving active duty.

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

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STATEMENT OF FACTS:

The applicant entered active duty on 5 Jan 90 as a second lieutenant to attend specialized undergraduate navigator training (SUNT).  On 10 Apr 90, his training squadron commander initiated a training review and recommended his elimination from SUNT due to academic deficiency.  The Training Review convening authority recommended the applicant’s administrative elimination.  It was determined that the applicant’s deficiency was not due to factors over which he had control.  The applicant was recommended for disenrollment from training, not to be considered for reinstatement into the course at a later date, to be considered for further technical training, and to be retained in service.  After his final review, the convening authority recommended the applicant’s elimination from training.  On 16 Apr 90, the approval authority approved the applicant’s elimination from SUNT.  The applicant was released from active duty on 15 May 90 and transferred to the obligated Reserves.  While in the obligated Reserves, the applicant was promoted to the grade of first lieutenant.  He was considered and not selected for promotion to captain by the FY96 and FY97 Air Force Reserve Line and NonLine Captains Promotion Boards.  As a result of his second nonselection to captain, the applicant was assigned to the Nonaffiliated Reserve Section.  He was required to be discharged 1 year and 90 days after the date on which he would have been promoted if he had been selected by the FY96 promotion board.  He was discharged from all appointments in the Air Force on 10 Aug 97.

The applicant is not eligible for commission in the Reserve components as he is a twice-deferred officer.  He is also not eligible to enlist since he has no prior enlisted service or earned participation credit as an enlisted member.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial of the applicant’s request.  As a twice-deferred officer, the applicant is not eligible for commission in the Reserve components.  He was not a prior enlisted member and is not eligible to enlist or reenlist.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant clarified his request to the board.  He indicates that he is requesting to have his nonselections for promotion to captain set aside and to be allowed to reenter the Reserves.

The applicant provides background on his Air Force career and discusses the efforts he has made to reenter the Air Force.  He indicates that he does not believe the “up-or-out” system was intended for individuals with his circumstances.

The applicant’s complete submission is 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  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 primary basis for our conclusion that the applicant has not been the victim of an error or injustice.  Although the applicant asserts that he made continual efforts to affiliate with a Reserve unit, he did not provide a detailed account of his actions.  Given the number of years since his initial release from active duty, the Board was not persuaded that he exhausted all avenues available to him to join a Reserve unit.  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 BC-2003-00766 in Executive Session on 4 June 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ARPC/DPB, dated 8 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 03.
    Exhibit E.  Letter, Applicant, dated 2 May 03.

                                   
                                   Panel Chair