RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-01792
								INDEX CODE:  131.10  

								COUNSEL:  NONE  

								HEARING DESIRED:  YES  

MANDATORY CASE COMPLETION DATE:  12 DECEMBER 2007  

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APPLICANT REQUESTS THAT:

His nonselections to major be set aside.

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APPLICANT CONTENDS THAT:

He had insufficient time to properly prepare for the promotion boards because of his status as a full time student and the waiting period associated with the adjudication process of his security clearance.

He separated from Active Duty in 2000 to attend graduate school at his own expense.  Upon graduation he relocated to Washington DC and began looking for a reserve unit.  He interviewed and was selected to join a Reserve unit in Sep 03.  The NSA administered and adjudicated his polygraph in Feb 04.  By this point he was unable to complete a “good” reserve year.  Consequently he met his first promotion board in 2005 without a good year since 2000.  He met his second promotion board in 2006 with only one previous good year (2005), although at the time of the board he had already accumulated enough points for a good Fiscal Year (FY) 06.  Since his retention/retirement (R/R) date and the promotion board dates are out of synchronization, the promotion boards have been unable to see how active he has been in the Reserves.  He is currently a member of a joint intelligence team, has recently been deployed to Afghanistan, and is currently scheduled to return there in the fall of 2006.  He has developed a critical skill set and obtained security clearances that are a valuable resource to the Air Force.  Replacing him at this time would be costly and the joint intelligence mission he is a part of would suffer.   

In support of his request, applicant submits a memorandum of support from his director.

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

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STATEMENT OF FACTS:

Applicant is currently serving in the Air Force Reserves in the grade of Captain.  His date of rank as Captain is 26 Jun 99. 

The rest of the pertinent facts of this case are addressed in the Air Force evaluation.

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AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the applicant’s request be denied.  The applicant met all the eligibility requirements for consideration by the FY06 and FY07 Reserve Line and Nonline Major Selection Boards that convened at HQ ARPC 7 Feb 05 and 6 Mar 06, but was not selected for promotion by either board.  The member was not eligible for consideration for continuation by the Current Year (CY) 06 Captain Continuation Board.  The applicant met the correct boards on time.

10 USC 14301, (b), Requirement for consideration of all officers in and above the zone, states whenever a promotion board (other than position vacancy) is convened under section 14101(a) of this title for consideration of officers in a competitive category who are eligible under this chapter for consideration for promotion to the higher grade, each officer in the promotion zone for that grade and competitive category shall be considered for promotion.

a.  The applicant did have four years of unsatisfactory participation prior to his obtaining an assignment 15 Sep 03.
 
	b.  A review of the participation summary/history on the applicant’s FY06 Officer Selection Brief shows 13 AD, 27 IDT, and 26 ECI points since the last R/R close out date of 26 May 04.  Although the year was not complete at the time of the board it is apparent the year would have been satisfactory.

	c.  The FY07 Officer Selection Brief shows the 04/05 R/R year has 103 points and the points since close out 26 May 05 has 12 AD and 18 IDTs.  This indicates the member is on the way to a good year with almost 3 months left to obtain the remaining 5 points to ensure a satisfactory year.

	d.  10 USC 14505, (a), Effects of failure of selection for promotion:  reserve captains of the Army, Air Force and Marine Corps and reserve lieutenants of the Navy, states unless retained as provided in section 12646 or 12686 of this title, a captain on the reserve active status list (RASL) who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade and who has not been selected for continuation on the RASL under section 14701 of this title, shall be separated in accordance with section 14513 not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.

	e.  The applicant did not meet the eligibility criteria for consideration by the CY06 Captain Continuation Board based on his duty Air Force Specialty Code (DAFSC) and primary Air Force Specialty Code (PAFSC) manning.  The member’s mandatory separation date is 1 Nov 06.

The complete ARPC/DPB evaluation is at Exhibit B. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Jul 06, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, this office has received no response (Exhibit C).

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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 its 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 Docket Number      BC-2006-01792 in Executive Session on 20 September 2006, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number   BC-2006-01792 was considered:

    Exhibit A.  DD Form 149, dated 2 Jun 06, w/atch.
    Exhibit B.  Letter, ARPC/DPB, dated 30 Jun 06.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Jul 06.