RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00137
		INDEX NUMBER: 131.03

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major by the February 2004 major board.

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THE APPLICANT CONTENDS THAT:

He was erroneously advised by the Air Reserve Personnel Center (ARPC) that since his break in service was more than two years, his date of rank (DOR) would be adjusted and he would be considered for promotion to the grade of major by the February 2004 major board.  However, he was considered and not selected by the 2002 and 2003 major boards.  He and his chain-of-command were never notified that he would be considered by the 2002 major board.

His commander received an informal email in late November 2002 requesting that an Officer Performance Report (OPR) be prepared for the February 2003 major board.  Although they believed this was an error, they prepared a promotion package.  This was the only communication he or his chain-of-command received concerning his meeting any major board.

After being notified that he would be discharged from the Reserves based on two promotion nonselections to the grade of major, he contacted ARPC.  He was told by ARPC that Admissions Liaison Officer (ALO) promotions were rare and that the United States Air Force Academy (USAFA) and his commander were to blame for the miscommunication concerning the 2002 major board.  

In support of the appeal, applicant submits copies of emails concerning his promotion considerations and nonselections.

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

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STATEMENT OF FACTS:

The applicant was commissioned in the Regular Air Force on 29 May 1991.  He was released from active duty on 29 September 1997, and assigned to the Obligated Reserve Section (OSR), effective 30 September 1997, with a date of rank (DOR) to captain of 29 May 1995.  Based on the completion of his 8-year Military Service Obligation (MSO), he was assigned to the Non-obligated/Non-participating Ready Personnel Section (NNRPS) on 29 May 1999.

On 10 January 2000, he obtained an assignment in the Individual Ready Reserve (IRR) with the 9001st Air Reserve Squadron as an Admissions Liaison Officer (ALO) as part of the other than selected Reserve (OTSR).

He was considered and not selected for promotion to the grade of major by the Fiscal Year 2003 and 2004 (FY03 & FY04) Line and Health Professions Major (OTSR) Selection Boards that convened in February 2002 and February 2003, respectively.  Since he was a member of the OTSR, he was not eligible for continuation.  Since the Air Force Commendation Medal (AFCM) awarded on 30 January 2003 was not available for the FY04 board, ARPC granted him Special Selection Board (SSB) consideration for the FY04 board; however, he was not selected.  Although not filed in time to be considered by the original FY04 board, the 5 November 2002 OPR was filed in his records when he was considered by the SSB.  He completed Squadron Officer School (SOS) non-residence in February 2003; however, since he completed SOS after the FY04 board convened, ARPC denied his request that his completion of SOS be available to the SSB.

Based on his two nonselections for promotion to the grade of major, his mandatory separation date (MSD) was established as 1 October 2003.

	PERIOD ENDING	OVERALL EVALUATION

 	   2 Jul 92	Training Report (TR)
	   2 Jul 93 	Meets Standards (MS)
	  30 Apr 94			MS
	  26 Sep 95			TR
	  26 Sep 96			MS
	  15 Apr 97			MS
    16 Apr 97 - 9 Jan 00  No report required IAW AFI 36-2406
	   9 Jan 01			MS
	* 13 Nov 01			MS
		#  5 Nov 02			MS
		   5 Nov 03			MS

* Top report for the FY03 & FY04 Boards

# Top report for the SSB for the FY04 Board

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AIR FORCE EVALUATION:

ARPC/DPB recommends the application be denied and states, in part, that the applicant was considered on time by the FY03 and FY04 major boards.  Since he is no longer a member of the Air Force Reserve as a result of the two nonselections, he is not eligible for consideration by a Reserve promotion board.  Most officers complete their MSO while on active duty and once released, spend no more than two years in NNRPS before being reassigned to the Inactive Status List Reserve Section (ISLRS), where they are ineligible for promotion and must wait at least one full calendar year after reassignment to a participating assignment before they are considered for promotion.  It appears he may have been advised that since he left more than two years before his assignment as an ALO, his Reserve promotion opportunity would be set back by at least a year; however, since he did not have an ISLRS assignment, he incurred no break-in-service that would readjust his promotion eligibility.

ARPC/DPB notes the promotion opportunity for OTSR officers at the FY03 and FY04 boards was 15% of the in-the-promotion-zone (IPZ) officers meeting these boards.  This translated to a selection rate of approximately 7% for FY03 and 12% for FY04.  The largest discriminator for selections by the FY03 board was completion of SOS.  All of the officers selected for promotion by the FY03 board had completed SOS and 94% of the officers selected by the FY04 board had completed SOS.  The applicant had not completed SOS prior to either board.  The applicant received non-select counseling after the results of the FY04 board were released and was advised that his AFCM, awarded on 30 January 2003, was unavailable; the lack of SOS probably played a significant role in his non-selection; and the lack of participation from 1997 to 2000 leaves a question in board members’ minds concerning the officer’s status and intent.  As a result of the non-select counseling, they granted an SSB for the FY04 board because the AFCM was not available for the FY04 board to review.  The applicant wrote a letter to the SSB explaining he was enrolled in SOS and expected to complete the course in August 2003.  However, he did not address the gap in his participation from 1997 to 2000. 

The ARPC/DPB evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

While the evaluation seems to indicate that he contacted ARPC before the FY03 and FY04 boards, he only contacted them once in January 2000, shortly after his assignment as an ALO.  At no time was he or his commander notified of his eligibility for the FY03 board.  He never received a pre-selection notice to prepare his records, never received a non-select notice, and was never contacted by a non-select counselor.  His commander expedited his OPR and decoration within the deadlines for inclusion in his records for the FY04 board; however, these documents were not included in his records that met the board.  He has not been able to determine which organization is responsible for him.  Apparently the Military Personnel Flight at ARPC is directly responsible for originating all information; however, as an ALO, the USAFA MPF is responsible for disseminating the information from ARPC.  Neither organization has produced any documentation or information concerning his being notified of his eligibility for consideration by the FY03 board.  Both organizations have solidly laid blame on the other for his miscue.  Furthermore, the nonselect counseling he received was very brief and focused solely on his lack of SOS.  Had he known he would be considered by the FY03 board, he certainly would have immediately completed SOS.  He had always planned to complete SOS in the summer prior to his first promotion consideration to major.  He has never left his professional fate to chance.  He graduated from the USAFA in 1991 and graduated from the Air Force Institute of Technology in 1995.

Applicant’s complete response 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we believe he was denied fair and equitable consideration for promotion to the grade of major.  In this respect, we note that most officers complete their MSO while on active duty and once released, spend no more than two years in NNRPS before being reassigned to the ISLRS, where they are ineligible for promotion and must wait at least one full calendar year after reassignment to a participating assignment before they are considered for promotion.  In the applicant’s case, he was released from active duty two years prior to completion of his MSO and assignment as an ALO.  ARPC/DPB states that apparently he was led to believe he would not be considered for Reserve promotion for at least a year.  We find this is evident in that neither he nor his commander were notified of his eligibility for the FY03 board.  The applicant states that had he known he would be considered by the FY03 board, he certainly would have immediately completed SOS, as he had always planned to complete SOS in the summer prior to his first promotion consideration to major.  Given his record of academic achievement, we find no basis to question this contention.  While we cannot determine whether the above circumstances were the reason for his nonselection for promotion, we do believe that it served to deprive him of fair and equitable consideration, and placed him at a distinct disadvantage.  Based on a totality of the evidence presented, we believe his nonselections by the FY03 and FY04 selection boards should be set aside and that he should be considered for promotion by the next Reserve major board.  While we do not usually set aside an individual’s promotion nonselections prior to receiving the results of the supplemental promotion process, in an effort to provide the applicant equitable promotion consideration, with the completion of SOS in his records, we must do so in this case.  Therefore, we recommend the applicant’s records be corrected as 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.  He was not considered for promotion by the Fiscal Years 2003 and 2004 (FY03 & FY04) Line and Health Professions Major (Other Than Selected Reserve (OTSR)) Selection Boards.

	b.  He was not discharged from the Air Force Reserve on 1 October 2003, but was continued in his Reserve assignment.

	c.  He be considered for promotion to the grade of major by Special Selection Board for the Fiscal Year (FY) 2005 Air Force Reserve (OTSR) Line and Health Professions Major Promotion Selection Board (W04005A).

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The following members of the Board considered Docket Number BC‑2004-00137 in Executive Session on 12 May 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 26 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 13 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04
    Rxhibit E.  Letter, Applicant, dated 13 Mar 04, w/atch.

                                  
                                   Panel Chair

AFBCMR BC-2004-00137

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 XXXXXXX, XXXXXXX, be corrected to show that:

		a.  He was not considered for promotion by the Fiscal Years 2003 and 2004 (FY03 and FY04) Line and Health Professions Major (Other Than Selected Reserve (OTSR)) Selection Boards.

		b.  He was not discharged from the Air Force Reserve on 1 October 2003, but was continued in his Reserve assignment.

		c.  He be considered for promotion to the grade of major by Special Selection Board for the Fiscal Year (FY) 2005 Air Force Reserve (OTSR) Line and Health Professions Major Promotion Selection Board (W04005A).

                                                                            Director
                                                                            Air Force Review Boards Agency