RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03815
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His date of rank (DOR) and effective date of promotion to major be adjusted from 1 October 2003 to 1 October 2002.

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APPLICANT CONTENDS THAT:

While serving as a traditional guardsman with the XXXXX Air National Guard (XXANG) his records entered a mandatory promotion cycle.  He did not receive a pre selection brief or letter or any instruction prior to the FY02 Major Selection Board.  On 31 March 2001, he left the XXANG after receiving verbal assurances that the XXXX Air National Guard (XXANG) had a position for him.  He was non-selected.  He received no post board counseling to indicate any possible reasons for his non-selection.  He contends an Article 15 that he received on 30 October 1998 had been in his Officer Selection Folder (OSF) when it met the FY02 selection board.  Had he received post-board counseling he would have known that he could have requested the Article 15 be removed from his record prior to meeting the next promotion board.  The personnel office at his new base (XXANG) informed him that had he received the pre board briefing from them that he probably still would not have known of the requirement to remove the Article 15 by written request.

He contends additional errors by the XXANG caused his records to be transferred to HQ Air Reserve Personnel Center (ARPC) that caused him to be entered into the Individual Ready Reserve (IRR) instead of being transferred to the XXANG.  Consequently, an unintentional break in service occurred.  The process to appoint him in the XXANG took longer than expected, and he stayed a member of the IRR.  Consequently he was appointed in the XXANG on 8 February 2002.  His records had already been pulled and screened (with the Article 15 included) to meet the FY03 Air Force Reserve Line and Health Professions Major Selection Board, which convened from 11-15 February 2002.  Again, he received no pre brief or pre board counseling and his new unit was unable to have his record removed from consideration prior to the FY03 board.

He was not selected and the XXANG recommended he request the Article 15 be removed from his record and concurrently request Special Selection Board (SSB) consideration.  He received SSB consideration in October 2002 at the Air Reserve Personnel Center (ARPC).  He was not selected and an investigation revealed that the Article 15 had been removed but was placed back into his OSR prior to the SSB.  The Article 15 was removed again, he was considered by the FY04 ANG Major Selection Board and he was recommended for promotion to major, effective and with a DOR of 1 October 2003.

He contends that had errors not occurred and he had been transferred to the CAANG as planned his records would not have met an incorrect board (FY02).  Additionally, he feels that if he had been afforded the appropriate pre board counseling he would have had the Article 15 removed prior to the FY03 selection board and his record would have appeared as it did for the FY04 board in which he was recommended for promotion.

In support of his appeal, the applicant has provided a personal statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently a member of the XXANG, serving in the grade of major.  On 17 October 2000, he was provided an Officer Pre-selection Brief (OSB) with instructions and guidelines for submitting a letter to the FY02 Major Selection Board.  On 22 February 2001, the applicant tendered his resignation from all ANG appointments.  On 30 March 2001, he was discharged from the NVANG and transferred to ARPC effective 31 March 2001.  On 18 April 2001, he was notified by his former unit of his non-selection to major by the FY02 Reserve of the Air Force Line and Non-line Major Selection Board.

Applicant applied for and was accepted by the XXANG.  His application for membership in the XXANG required two waivers, one for being once deferred by a central selection board for promotion and the other for an Article 15 he received while serving on active duty with the Air Force.  Both waivers were ultimately approved.  Additionally, it was discovered he needed his aeronautical orders revalidated.  As part of this process, he was required to undergo a Flying Class II physical exam.  The physical results were sent to HQ ANG/SGPS who returned the physical for more information.  When the additional information was provided, the physical was approved and the appointment of the applicant in the CAANG was accomplished effective 8 February 2002.

His records contained an Article 15 he received in October 1998.  The Article 15 was part of his record when he met the FY02 and the FY03 Promotion Boards and he was non-selected on both attempts.  He had requested the removal of the Article 15 prior to the FY03 selection board that was approved, however; it was approved after the FY03 selection board had met.  Additionally, since he had been appointed in the XXANG, he should have met the ANG FY03 Major Selection Board instead of the AFRES Major Selection Board.  He record had not been updated to show his ANG appointment prior to him meeting the Reserve selection board.  As a result, he met an SSB in October 2002 and because the Article 15 was still a part of his record he was again not selected.  He met the FY04 ANG Major Selection Board without the Article 15 and he was selected for promotion to major, effective and with a DOR of 1 October 2003.  AFPC/DPJA indicated that at the time the applicant met the FY04 board, his records only showed one non-select to the grade of major.

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AIR FORCE EVALUATION:

ANG/DPP recommends denial.  DPP states the applicant’s records were not transferred to the XXANG but were transferred to ARPC as a result of the applicant executing a resignation discharge.  The amount of time that passed while his application was being processed is considered legitimate as his application required two waivers and a physical that required additional information before it could be approved.  DPP states that the applicant did, in fact, receive a pre selection brief with instructions prior to the FY02 Board.  

Based on supporting documentation from both the XXANG and the XXANG, it appears that all the necessary actions were taken when the applicant met the mandatory promotion board (FY02) and during his appointment process into the XXANG.

DPP’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National Guard evaluation was forwarded to the applicant on 19 March 2004 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.  The Board took notice of the applicant's complete submission in judging the merits of the case; however, the majority of the Board agrees with the opinion and recommendation of the Air National Guard and adopts their rationale as the basis for its conclusion that the applicant has not been the victim of an error or injustice.  It appears the applicant was notified of his impending consideration by the FY02 promotion board, provided a pre-selection brief, and instructions.  The majority of the Board finds no error or injustice in the time required to appoint him in the XXANG as the time to do so does not seem disproportionate considering the scale of the requirements necessary to obtain his appointment.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  Notwithstanding the above, it appears the applicant had applied to have the Article 15 removed from his record and believed it would be removed, prior to the FY03 Major Selection Board.   In fact, the Article 15 was removed prior to the FY04 Major Selection Board.  Thus, in deference to the applicant, we are of the opinion that the Article 15 should have been removed from his record prior to the FY03 Board.  Therefore, we recommend that his records be corrected as indicated below.

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RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air Force relating to Applicant be corrected to show that on 1 January 2002, he requested the Article 15, issued on 30 October 1998, be removed from his officer selection folder and his request was approved by competent authority.

It is further recommended that his record, without the above referenced Article 15, be considered for promotion to the grade of major by Special Selection Board (SSB) for the Fiscal Year 2003 Air National Guard Line and Non-Line Major Selection Board.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03815 in Executive Session on 27 April 2004, under the provisions of AFI 36-2603:

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

    Exhibit A.  DD Form 149, dated 29 Oct 03, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 5 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.

                                   

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-03815

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 on 1 January 2002, he requested the Article 15, issued on 30 October 1998, be removed from his officer selection folder and his request was approved by competent authority.

	It is further directed that his records, without the above referenced Article 15, be considered for promotion to the grade of major by Special Selection Board (SSB) for the Fiscal Year 2003 Air National Guard Line and Non-Line Major Selection Board.