RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02051
		INDEX CODE:  131.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major by Special Selection Board (SSB) for the Fiscal Year 2003 (FY03) Line and Health Professions Major Selection Board.

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APPLICANT CONTENDS THAT:

He was not considered by the FY03 major's board because of inaccurate guidance during his accession into the Air Force Reserves.  He departed the Regular Air Force on terminal leave on 10 Dec 02 and was selected to fill an active Reserve position and transferred to the Reserves on 1 Feb 03, without a break in service.  He was told that he needed to be part of the Reserve component for at least one year before being eligible for promotion even though he met the time in grade requirement.  He followed up that conversation with the Reserve Affairs office and was told the same thing.  When he accepted his current position he offered to change his separation date but was told it was not necessary since he was told he was not eligible to meet the February promotion board.  He later discovered that he was eligible for the February board and did not meet the board because he did not get a package into the board before the deadline.  Had he known that he was eligible, he would have asked to transition to the Reserves in December.  His rater and senior rater agree that if they had the correct information they would have immediately pulled him and recommended him for promotion.

In support of his request, applicant provided a personal statement, a statement from his senior rater, a memorandum from the Reserve Affairs office, a Promotion Recommendation Form (PRF).  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from the personnel data system reflects that the applicant was appointed a second lieutenant, Reserve of the Air Force, on 20 Jun 93.  He was voluntarily ordered to extended active duty on 7 Jun 94.  He was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 2 Jan 98.  Applicant was released from active duty and transferred to the Air Force Reserve on 2 Feb 03.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states that nominations for position vacancy consideration by the FY03 Major Selection Board were due at HQ ARPC not later than 20 Dec 02.  The applicant was still carried on the active duty list and was not eligible for consideration by this board.  Title 10 requires a Reserve officer to be assigned or eligible to be assigned to the position for which nominated.  He did not occupy a Reserve position and was not eligible for a Reserve assignment as he was still under active duty control until 2 Feb 03.  AFI 36-2504 clearly states, "Do not backdate an assignment for a promotion."  The DPB evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that DPB does not address his concern that had he not been given incorrect guidance he would have met all the timelines and requirements necessary to meet the selection board.  The Air Force Instruction used to counsel him is not consistent with ARPC verbal guidance.  The rule changed in December 2000 to allow officers with no break in service between active and Reserve accession to meet a promotion board as long as they meet all other requirements.  Reserve recruiters and the most recent versions of the instruction have not been updated to reflect the change in policy.  Had he not been misinformed, he would have set his date of separation to December 2002 rather than February 2003.  His supervisor and senior rater agree that had they known that he could have met the February 2003 board, they would have allowed him to start his Reserve job in December and would have recommended him for a position vacancy promotion.  His complete submission is at Exhibit A. 

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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 favorable consideration of the applicant's appeal.  The applicant states that he departed on terminal leave on 10 Dec 02 and was discharged from active duty effective 3 Feb 03.  While on terminal leave he was selected to fill an active Reserve position.  He contends that he was misled to believe that in order to be eligible for promotion consideration by the February 2003 selection board, he must have completed one year on the Reserve list.  He further contends that had he received the correct information he would have changed his date of separation from February 2003 to December 2002 in order to be facilitate his assignment to the required Reserve position so that he could be considered for promotion by the February 2003 board.  His contentions are duly noted; however, we find no evidence which would lead us to believe that the Reserve position he was selected to fill was vacant on 10 Dec 02.  In the absence of such evidence, we are not inclined to favorably consider his request.  If the applicant were to provide evidence that would show that the Reserve position he was selected to fill was vacant as of 10 Dec 02, we would be willing to reconsider his application.  In the absence of such evidence, we find no compelling basis upon which 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-2003-02051 in Executive Session on 13 Aug 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 03, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 1 Jul 03.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Jul 03.
    Exhibit D.  Letter, Applicant, dated 22 Jul 03.