RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02735
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be reconsidered for promotion to major by the FY05 Air National Guard (ANG) Line and Non-Line Major Selection Board.

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APPLICANT CONTENDS THAT:

He rejoined the military in June 2003 after experiencing a break in service of ten years.  He believes his prior service time made him eligible to meet the FY05 ANG Line and Non-Line Major Selection Board.  He contends his Officer Selection Record (OSR) was not complete, as it did not contain the Officer Performance Reports (OPRs) from his previous service.  All attempts to obtain the OPRs have been unsuccessful and he states the Air Force Personnel Center (AFPC) has informed him that the OPRs are not available.

In support of his appeal, the applicant has provided a personal statement and copies of his current OPR, fitness reports, his DD Form 214, Certificate of Release or Discharge from Active Duty, a Report on Individual Personnel (RIP), and a letter of support from his commander.

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

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STATEMENT OF FACTS:

The applicant served on active duty as a clinical nurse and nurse anesthetist from 14 August 1985 to 30 July 1993 when he was released from active duty.  After a break in service of approximately ten years, he rejoined military service in the Tennessee Air National Guard (TNANG) on 5 June 2003.  He met the FY05 ANG Line and Non-Line Major Selection Board (19 – 24 April 04) and was non-selected for promotion to major.  Further research has shown he was ineligible to meet the FY05 board as he did not meet the requirement of being on the Reserve active status list (RASL) or the active duty list, or a combination of both, for one year.  He was on the RASL for only 10 of the required 12 months and therefore should not have been considered by the FY05 Board.  He will be eligible to meet the FY06 promotion board. 

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states he was not eligible to meet the FY05 ANG Line and Non-Line Major Selection Board and would not be eligible to meet a board until FY06.  Therefore, DPB is making changes to the personnel system to show he did not meet the FY05 board and was therefore not non-selected.  DPB notes his OSR was and is complete as the documentation concerning his active duty service was received from the National Archives and filed in his OSR in December 2003.

DPB’s complete 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 17 September 2004 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 (OPR) and adopt their rationale as the basis for our conclusion that the applicant should not have been considered by the FY05 board.  It appears he was only on the RASL 10 months prior to the promotion board and therefore was not eligible to meet the FY05 ANG Line and NonLine Major Promotion Selection Board.  Subsequently, his record has been corrected to show he was not considered by the FY05 Line and Non-Line Major Promotion Selection Board.  In view of the fact that he was not eligible for consideration for promotion by the FY05 Line and Non-Line Major Promotion Selection Board, we find no basis upon which to recommend favorable action of the relief requested.

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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-2004-02735 in Executive Session on 13 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Aug 2004, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 9 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.