RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:	BC-2008-02778 INDEX CODE 110.01 131.00
XXXXXXX	COUNSEL:	None
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
She remain in the Individual Ready Reserve (IRR) to be given a chance to obtain an Individual Mobilization Augmentee (IMA) job and advance to the grade of major.

APPLICANT CONTENDS THAT:
She did not wish to resign her commission. She has been a tremendous asset to the Air Force as an experienced registered nurse. Although she was 40 years of age after September 11th, she felt it was her duty to volunteer to serve her country and return to military service.

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

STATEMENT OF FACTS:
The applicant transferred from active duty to the Air Force Reserve in June 2006. She was assigned to the IRR in a non- participating status, and carried on the Reserve active status list (RASL).

10 USC Section 14301 requires that all officers on the RASL meet promotion boards when they are in or above-the-promotion-zone (I/APZ). The applicant was IPZ for the FY08 Line and Health Professions Major (Non-participating) Promotion Selection Board, which convened 12 February 2007. She was considered APZ by the FY09 Line and Health Professions Major (Non-participating) Promotion Board, which convened 11 February 2008. She was not selected by either board.

10 USC Section 14505 requires a captain, twice nonselected for promotion, to leave the RASL not later than the first day of the seventh month after the list is approved, unless the officer is in a continued status. The Secretary of the Air Force has only offered continuation to officers in a participating status. The

applicant was not eligible for continuation and will be separated not later than 1 November 2008.

AIR FORCE EVALUATION:
ARPC/DPB recommends denial and states by law she is required to separate and is projected for discharge. There is no other provision for her to remain in a commissioned status.

ARPC/DPB's complete evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant on 22 August 2008 for review and comment within 30 days.  As of this date, this office has received no response.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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.

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.

The following members of the Board considered Docket Number BC- 2008-02778 in Executive Session on 13 November 2008, under the provisions of AFI 36-2603:

Panel Chair Member
Member
The following documentary evidence relating to AFBCMR Docket Number BC-2008-02778 was considered:

Exhibit A.	DD Form 149, dated 23 Jul 08, w/atchs. Exhibit B.	Letter, ARPC/DPB, dated 12 Aug 08.
Exhibit C.	Letter, SAF/MRBR, dated 22 Aug 08.