RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02029 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His second deferral for promotion to the grade of major (O-4) be vacated and he receive promotion consideration by a Special Selection Board (SSB). _________________________________________________________________ APPLICANT CONTENDS THAT: He was recently non-selected for promotion by his second promotion board; however, he accepted an assignment into the Individual Mobilization Augmentee (IMA) program shortly thereafter and was able to enroll in Squadron Officer School (SOS). Prior to this time he did not have access to my required professional military education (PME). As such, the promotion board was not able to consider this material information and it should be available in considering his potential for promotion. This comparison did not allow for a fair and equitable consideration. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of captain (O-3). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARFC/DPTT recommends denial indicating there is no evidence of an error or injustice. The applicant was considered and not selected for promotion to the grade of major by the Calendar Year 2011 (CY11) and CY12 Line Health Professions Nonparticipating Reserve Major Promotion Selection Boards. While he obtained a Reserve position in March 2012 and enrolled in SOS, the promotion board cannot consider events and information that take place after it adjourns and these events do not form a legitimate basis to grant SSB consideration. ARPC/DPTT's complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Jun 12, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 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 decision the applicant has not been the victim of an error or injustice. The applicant’s contentions are duly noted, however, these assertions and the documentation provided are not sufficient to convince us the applicant has been the victim of an error or injustice when compared to others similarly situated. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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-2012-02029 in Executive Session on 7 Feb 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 May 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/PB, dated 11 Jun 12. Exhibit D. Letter, SAF/MRBR, dated 25 Jun 12. Panel Chair