RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03750
		INDEX CODE:  131.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His non-selection to Lieutenant Colonel be removed from his records so that he can be appointed in the Air National Guard.
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APPLICANT CONTENDS THAT:

Due to the exceptional circumstances surrounding his non-selection to lieutenant colonel and the outdated promotion system, his case warrants an exception to policy.

The 102nd Air Operations Center (AOC) is actively recruiting him to fill a position within the Air Operations Group (AOG).  His knowledge as a Wing fighter pilot is critical to the unit’s mission.  

His experience level and year group are precisely the target group needed to fill one of the 16 positions on the Unit Manning Docket (UMD) which require extensive breadth and depth of flying, command and control, and operational experience.

Officers with his know-how are extremely hard to recruit to a non-flying AOC mission and he is enthusiastically pursuing positions within the AOG.  

In Feb 03, he transferred to the Ready Reinforcement Personnel Section (RRPS).  His annual Officer Performance Reports (OPRs) and Promotion Recommendation Forms (PRFs) were not written in preparation for mandatory boards which may have negatively affected his chances for promotion.  As a result, he was passed over for promotion many times because of the dubious promotion system utilized by the Individual Ready Reserve (IRR).  

In support of the application, the applicant submits a bullet background paper regarding his appointment, an electronic mail message, his personnel data brief, his DD Form 214, Certificate of Release or Discharge from Active Duty, and his second non-promotion selection letter.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

In Feb 03, he was assigned to the Ready Reinforcement Personnel Section (RRPS, a Cat E non-pay assignment) with attachment for training to the 101st Fighter Squadron.  Based on OPR requirements detailed in AFI 36-2406, Officer and Enlisted Evaluation Systems, Table 3.8, he should have received OPRs closing Feb 04, Feb 05, Feb 06, and Dec 06 as he earned sufficient points.  For the FY06 & FY07 boards, he should have received a PRF.

In Dec 06, he was reassigned to the Nonobligated, Nonparticipating Ready Personnel Section (NNRPS), and then to Reserve Sanctuary in Jun 07.  Neither assignment can offer participating points; there is no rating chain so OPRs could not be rendered.  He has until Jun 2010 to earn 20 years satisfactory service for retirement purposes.

The applicant is currently in a Reserve sanctuary status.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. 
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AIR FORCE EVALUATION:

HQ ARPC/DPB recommends denial.  DPB states the applicant was considered but not selected by the FY06, FY07, FY08 Line and Nonline Lieutenant Colonel Promotion Selection Boards, and the FY09 Line and Health Professions Lieutenant Colonel Selection Board.  Following the nonselection by the FY07 board, he was selected for continuation.

Each promotion board was conducted according to law and policy requirements.  The applicant met each board on time as prescribed by 10 USC Sections 14303 and 14304 and AFI 36-2504, Officer Promotion, Continuation and Selective early Removal in the Reserve of the Air Force, Table 2.2.  When considered for promotion, the boards did not have before them material information; the record was missing performance reports.  All efforts to obtain these reports were exhausted prior to the promotion boards.

DPB opines that each board was lawfully constituted and conducted within the law and policy provided.  While there are grounds for appeal boards (missing OPRs and PRFs) no replacements can be obtained.  Without the missing documents, no appeal could be granted, nor would the boards’ outcome have any chance of different results without the missing documents.

The complete DPB 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 20 Feb 09 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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 an error or an injustice.  Based on information provided by the Air Force office of primary responsibility, it appears the applicant’s officer selection record was incomplete when he was considered for promotion, possibly contributing to his not being selected for promotion on multiple occasions.  Although it further appears the applicant’s situation was not unique for officers within the Reserves similarly situated, since the problems with his record were not of his making, we believe these non-selections for promotion have unfairly harmed his career, making him the victim of a possible injustice.  At any rate, we believe any doubt regarding this matter should be resolved in the applicant’s favor.   Therefore, we recommend that his 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 

	1).  His nonselections for promotion to the grade of Lieutenant Colonel by the FY06, FY07, FY08 Line and Nonline Lieutenant Colonel Selection Boards and the FY09 Line and Health Professions Lieutenant Colonel Promotion Selection Boards; be and hereby are, set aside.  

	2)  The continuation status of his projected Mandatory Separation Date (MSD) be and hereby is, removed from his record. 

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The following members of the Board considered this application in Executive Session on 7 April 2009 and 26 May 2009, respectively, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered in AFBCMR BC-2008-03750:

    Exhibit A.  DD Form 149, dated 3 Oct 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 18 Feb 09.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 09.

AFBCMR BC-2008-03750

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:

	1).  His nonselections for promotion to the grade of Lieutenant Colonel by the FY06, FY07, FY08 Line and Nonline Lieutenant Colonel Selection Boards and the FY09 Line and Health Professions Lieutenant Colonel Promotion Selection Boards; be and hereby are, set aside.  

	2)  The continuation status of his projected Mandatory Separation Date (MSD) be and hereby is, removed from his record.