RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00933
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be considered by a special selection board (SSB) for promotion to major and/or for continuation as a captain.

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APPLICANT CONTENDS THAT:

She should not have been deferred for promotion while a medical review of her case was pending and she should have been notified of her pending promotion board. 

In support of her appeal, applicant submitted a personal statement; a letter from HQ ARPC/JA, dated 5 Jul 02, welcoming her into the JAG’s Department and Reserve Category B Program; correspondence and medical documents associated with her physical examination required before she could be accepted back into the JAG program; and, a letter from HQ ARPC/DPP, dated 11 Oct 02, advising her of her second deferral for promotion.

Applicant’s complete submission at Exhibit A.

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STATEMENT OF FACTS:

Based on available records, applicant’s total years service date (TYSD) is 21 Aug 89; her total federal commissioned service date (TFCSD) is 21 Aug 92.  At the time of this application, the applicant was serving in the grade of captain, having been promoted to that grade, effective 10 Mar 93.  She has 6 years of satisfactory federal service towards retirement.  Applicant was reassigned to the Nonaffiliated Reserve Section on 29 Oct 99.

She was considered by the FY02 JAG and Chaplain Major Selection Board (V0402B), which convened on 19 Feb 01, and the FY03 JAG and Chaplain Other than Selected Reserve Board (W0403B), which convened on 22 Apr 02, but not selected for promotion by either board.

On 10 Jun 02, she was reassigned to HQ ARPC/JA and attached to the 337 ASUF OL-A, as a JAG officer.

Based on her second nonselection for promotion, the applicant’s mandatory date of separation was adjusted to 1 Apr 03.
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AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  The applicant was considered but not selected by the FY02 JAG and Chaplain Major Selection Board and the FY03 JAG and Chaplain Other than Selected Reserve (OTSR) Major Selection Board.  She was considered by both boards while assigned to the Nonobligated, Nonparticipating Ready Personnel Section (NNRPS).

Being an officer assigned to NNRPS, and as part of the Other than Selected Reserve (OTSR), she was not eligible for continuation.  Only officers in a Selected Reserve position were considered for continuation.

Officers on the Reserve Active Status List (RASL) are considered for in-the-promotion- zone (IPZ) promotion far enough in advance so that if selected, they can assume the grade at or before the maximum time specified.  The applicant was a part of the RASL at the time of both boards and she was not eligible for continuation as she was assigned to NNRPS.

A complete copy of the 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 18 Apr 03 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  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 AFBCMR Docket Number BC-2003-00933 in Executive Session on 19 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 9 Mar 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 9 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.

                                   
                                   Panel Chair