RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02113 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her record reflect that she resigned her Air Force Reserve commission as of the date she was transferred to the Individual Ready Reserve (IRR) (Sep/Oct 09). ________________________________________________________________ APPLICANT CONTENDS THAT: She was misinformed and not given all of the facts about her IRR status. She was not properly advised that she would be considered for promotion and/or that there was a slim possibility that she would be promoted. She notes that even the Air Reserve Personnel Center (ARPC) Fact Sheet on the IRR does not disclose information about a Reserve officer’s promotion status and led her to believe that she would not be discharged unless she requested resignation of her commission. She should have been advised that there was a slim chance of being promoted to major in the IRR, had she known this she would have resigned her commission and reentered the Air Force at a later date. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant resigned her Regular Air Force commission, on 29 Sep 07, with a reason for separation of Force Shaping – Voluntary Separation Pay (VSP). She was transferred to the Air Force Reserve to complete a three year Military Service Obligation (MSO) as a result of receiving VSP. The applicant was considered but not selected by the Calendar Year 2010 (CY10) and CY11 Line and Health Professions Nonparticipating Reserve (NPR) Major Promotion Selection Boards that convened at HQ ARPC 1 Feb 10 and 31 Jan 11 respectively. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends denial, stating, in part, the applicant was not eligible to resign her commission based on the three year commitment she incurred by accepting separation pay. There were no errors in her record as it met the boards. The applicant will be discharged in accordance with (IAW) current laws and regulations. She has provided no evidence that the board's recommendations were in any way unfair or unjust. The applicant was discharged from the Regular Air Force with a separation pay benefit prior to completing her MSO. She was required to accept a Reserve commission and be assigned to the IRR due to the unexpired MSO and a three year Ready Reserve service commitment incurred with the receipt of the separation pay. The three year service commitment began on 19 May 08 after the completion of the MSO and terminated on 18 May 11. She was required to remain assigned in a Ready status for the entire term of the commitment and was not allowed to resign her Reserve commission. Reserve members are promotion eligible during periods assigned to the IRR and will meet promotion boards if selected. The applicant was eligible to seek a participating Reserve assignment during the entire period assigned to the IRR but did not elect to do so. When the applicant met both promotion boards, she was assigned to the Non-obligated Nonparticipating Ready Personnel Section (NNRPS). Although members in this Reserve section are not in a participating status, IAW Title 10 USC, Section 14301, all officers on the Reserve Active Status List (RASL) must be considered for promotion when eligible. She received a projected discharge date from all appointments in the USAF, effective 1 October 2011. The complete ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Jul 11 for review and comment within 30 days. As of this date, no response has been received by this office (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 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 Reserve office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In addition, we found no evidence that persuades us that the applicant was miscounseled about her Reserve status and potential for promotion or that she could have resigned her commission prior to her consideration for promotion. 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2011-02113 in Executive Session on 16 February 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Jun 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 5 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11.