RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00141 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her non-selections to the grade of major (0-4) be removed from her records in order to be hired into the Air Force Reserve (AFR). _________________________________________________________________ APPLICANT CONTENDS THAT: The recruiting process took too long, impeading her ability to complete Squadron Officer School (SOS) prior to promotion consideration and the only way she can now be hired into the AFR is if the two previous non-selections for promotion to major are removed from her records. In May 08, the Department of the Navy employed her as a civilian, and in Jun 08, she was working with the AFR in hopes of securing a Reserve slot with the 301st Wing. A general she knew was working with the local USAFR recruiters to hire her and attach her to the medical squadron. However, through no fault of her own, the process was not completed in a timely manner. She attempted to register for SOS by correspondence in preparation of her next promotion. However, her request was denied due to her status as an “inactive reservist.” The process to be gained into the AFR continued to progress extremely slowly during a 24 month timeframe (Jun 08 – May 10). On 28 May 10, she received an unexpected certified letter notifying her of being twice deferred for promotion to the grade of major. She was not informed that she was being considered for promotion while in an “inactive” reserve status. After contacting ARPC, she was informed that there is no requirement for officers to be notified of promotion boards through certified mail or otherwise. Without knowing she was meeting promotion boards, she had no way of communicating her situation to the board; therefore, she was caught in a catch-22. The medical squadron commander has been actively engaged with the wing commander in trying to gain her over the last two years so that she can fill a much-needed position. She enrolled in SOS after discovering she was eligible to do so through her civil service position. If her recruiter is allowed to continue to work on gaining her into the medical unit and she successfully completes SOS, she believes she will successfully be promoted to major. In support of her request, the applicant provides letters of support. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently in the Individual Ready Reserve in the grade of captain (0-3). She was discharged on 19 Aug 07 due to her two non-selects. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial. DPB states the applicant was considered but not selected for promotion by the CY09 Non- participating Reserve (NPR) Major Line and Health Professions Promotion Board and the CY10 NPR Major Line and Health Professions Board. DPB also states that Title 10 USC, Section 14301 (10 USC 14301), requires that all officers on the Reserve Active Status List (RASL) must be considered for promotion when eligible. The member’s non-selection letter and attachment listing the effects of non-selection would have also been sent to the address reflected in the Military Personnel Data System (MilPDS); however, there was no record to verify her address in MilPDS in Nov 08 or Nov 09, approximately when the convening letters for each board would have been mailed. DPB notes that there were no errors in the applicant’s record when it met the promotion boards. She will be discharged IAW current laws and regulations. The applicant does not provide any evidence that the board’s recommendations were in any way unfair or unjust. The ARPC/DPB complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by reiterating her original contentions; however, she disagrees with the fact analysis of the advisory opinion. The following areas are her main rebuttal points: a. The advisory does not address the main issue, which is the extreme amount of time it takes to gain a member into the Reserve that resulted in her inability to complete SOS and be selected to major during the promotion boards. b. The number of captains promoted is one in the NPR, which makes the chances of her being selected miniscule without completion of the required PME. As a result, the system unfairly impedes health professionals who separate after their initial 4- year commitment from successfully activating in the Reserves without beginning the process immediately upon separating from active duty because the time clock is less than someone who separates as a 1LT (0-2) or early captain. c. She did due diligence in attempting to be gained by the AFR; however, despite her efforts she did not receive the proper assistance from the recruiter and believes this to be the primary reason for her being discharged. One reason for the lack of assistance seems to be that the recruiters do not receive the same credit in gaining her as they would a non-health professional. d. As mentioned in her original contention, military suicides have continually risen over the last several years. For this reason, now is not the time to discharge mental health professionals permanently. The applicant’s complete submission is at Exhibit D. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was time 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. We note the applicant’s assertions that she exercised due diligence and that through no fault of her own the slow hiring process prevented her completion of SOS prior to meeting the contested promotion boards, which in turn caused her promotion non-selections. However, we find no evidence that she has been treated any differently than other officers who are similarly situated. In accordance with 10 USC 14301, all officers on the RASL must be considered for promotion when eligible. In addition, she was discharged in accordance with law, as implemented by governing instruction, as a result of her two promotion non-selections. 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-2011-00141 in Executive Session on 19 Jul 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Jan 11, w/atchs. Exhibit B. Letter, AFPC/DPB, dated 16 Feb 11. Exhibit C. Letter, SAF/MRBR, dated 18 Feb 11. Exhibit D. Letter, Applicant, undated. Panel Chair