RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03632 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His two non-selections for promotion to the grade of major be removed so he can have an opportunity to complete Squadron Officer School (SOS) and find an Air National Guard or Reserve unit. ________________________________________________________________ APPLICANT CONTENDS THAT: He has spent the previous two years since leaving active duty training for his new job as an Air Interdiction Agent for the Department of Homeland Security. He was required to complete the Federal Law Enforcement Academy, two schools covering two new aircraft he now flies, land survival and water training, language school and job specific tactics taught at their national training center. He has been plagued with multiple temporary duty (TDY) assignments to help protect US/Mexico borders. In support of his request, the applicant provides copies of email communiqué, travel vouchers, training certificates, and flying evaluation and training reports. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 31 August 1999, the applicant entered active duty. He was progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 25 August 2003. The applicant was considered but not selected for promotion by the Calendar Year (CY09) W0409C and the (CY10) W0410A Line and Health Professions Nonparticipating Reserve (NPR) Major Promotion Selection Boards. At the time of both promotion boards, the applicant was assigned to the Individual Ready Reserve (IRR) in a nonparticipating status. On 18 May 2010, the applicant was notified by the Headquarters Air Reserve Personnel Center that he would be discharged due to his second deferral for promotion in accordance with Title 10, United States Code (USC), section 14505. On 29 September 2007, the applicant was discharged from all appointments due to Force Shaping. He was credited with 8 years and 29 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial. DPB states as required by Title 10 USC, section 14502, a captain nonselected for promotion for the second time must leave the Reserve active status list (RASL) not later than the first day of the seventh month after the approval authority signs the list. On 30 September 2010, the applicant was assigned to the inactive status list Reserve (ISLRS). ISLRS is defined in Title 10 USC, section 101 as not part of the RASL. Officers assigned to the nonparticipating IRR or ISLRS are not authorized to complete any developmental education. Therefore, SOS is not allowed. While the applicant’s skill set may be enhanced today following completion of the civilian training, officers twice deferred for promotion are unable, by policy, to obtain a participating assignment. AFI 36-2115, Assignments with the Reserve Components, Table 1.2 rule 15 states: “If a member is an officer twice denied promotion to the Reserve grade of captain, major, or lieutenant colonel, then do not assign the member to the SelRes (selected Reserve) or PIRR (participating IRR) with a commission.” The complete ARPC/DPB evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 October 2010, 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 D). ________________________________________________________________ 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 an 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 the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 AFBCMR Docket Number BC-2010-03632 in Executive Session on 29 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPB, dated 19 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 29 Oct 10.