RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00089 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His non-selection for promotion to the grade of major (O-4) in the Calendar Year (CY) 2012 Individual Ready Reserves (IRR) Major Selection Board be removed from his records. ________________________________________________________________ APPLICANT CONTENDS THAT: The non-selection will not allow him to serve in the Missouri Air National Guard (MOANG). The MOANG can accommodate him with a valid duty position. However, he has a medical issue involving elevated minor blood sugar levels which is waiverable by the National Guard Bureau (NGB) but the NGB requires one to three months to process the waiver. In support of his request, the applicant provides copies of his AF IMT 1288, Application for Ready Reserve Assignment; DD Form 2808, Report of Medical Examination; and other various documents associated with his application. _________________________________________________________________ STATEMENT OF FACTS: On 30 Sep 2011, the applicant was honorably discharged from active duty after serving 10 years, 3 months and 3 days. On 10 Dec 2012, the applicant submitted an AF IMT 1288 requesting a Ready Reserve Assignment with the MOANG Guard. According to the remarks section of this form, the applicant’s request was approved pending a Military Entrance Processing Station (MEPS) physical. According to his DD Form 2808, Report of Medical Examination, the physical was taken on 10 Dec 2012. Reserve Appointment Order PC-00183, dated 4 Jan 2013, assigned the applicant to the IRR with a three year service commitment for separation pay. In response to the applicant’s DD Form 149 requesting his likely nonselection for promotion to the grade of major be removed. ARPC/PB informed the applicant in a letter dated 5 Feb 2013, that his application to the Board for removal of promotion non-selection was temporarily postponed since the results of the Board would not be available until Mar/Apr 2013 timeframe. On 13 Mar 2013, ARPC/DPTT advised the applicant that he was not selected by the Reserve of the Air Force Selection Board. On 28 Mar 2013, the MEPS physical taken on 10 Dec 2012 was approved. On 12 Apr 2013, another unit (130 MSF, West Virginia Guard) notified the applicant via e-mail that they had received his notice from SG and that he was qualified for an assignment with a waiver; however, the commander would not authorize a waiver for his passovers for promotion/medical issue and recommended that he continue to pursue an assignment with the MOANG. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/PB recommends denial of the applicant’s request to remove the non-selection from his record. There was no error in his record when it was considered by either board. The applicant was considered but not selected by the CY12 and CY13 USAFR Nonparticipating Major Promotion Selection Boards that convened on 23 Jan 2012 and 14 Jan 2013, respectively. The applicant located a position with the MOANG but because the appointment process was delayed due to the applicant obtaining a medical clearance, the MOANG was unable to affect the appointment prior to the promotion board. The MOANG cannot appoint the applicant now because ANG policy prohibits appointment of an officer who is twice deferred for promotion by a Reserve of the Air Force promotion board. A review of the applicant’s Officer Selection Record (OSR) and Officer Selection Briefs (OSBs) do not reveal any errors in the record at the time it was reviewed by each board. The applicant has not presented any evidence to prove either board acted contrary to law or regulation, or that his record contained any errors when considered by either board. If the Board does not agree, PB recommends the Board consider removing the officer’s name from the list of officers non- selected for promotion by the CY 2012 and CY 2013 NPR Major Promotion boards. These actions will allow the applicant to obtain the ANG position and establish a performance record; therefore, improving promotion potential. The complete PB evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In Feb 2012, he sought correction of his records for change of his active duty Promotion Recommendation Form (PRF) which the senior rater and the Board approved. In Jan 2013, he submitted a request for correction of records to the Board but the results were still pending at the time of this application. Because there was very little likelihood that he would be selected for promotion, he attempted to seek being removed but was told it was a law-bound process and in Feb 2013 he was told his request could not be supported. He sought a position with the West Virginia (WV) recruiter but was denied. He found a position with the MOANG but his application was delayed because of a slightly elevated glucose level. The MOANG found him physically qualified and submitted his conditional release request to the Air Reserve Personnel Center (ARPC). The WV Guard is still interested in gaining his service if the Board correction can be accomplished. The applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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 injustice. After a thorough review of the evidence of record we believe that relief is warranted. While we note there were no errors in the applicant’s records when it met the promotion Board, it appears that the applicant had a medical condition outside his control which delayed his appointment in the MOANG. By the time the applicant’s waiver was approved, he was no longer eligible for appointment in the MOANG as ANG policy prohibits appointment of an officer who is twice deferred for promotion by a Reserve of the Air Force promotion board. Therefore, as an exception to policy, we find it in the interest of justice to remove the applicant’s nonselections for promotion. Accordingly, we recommend the applicant’s records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. His name be removed from the list of officers non- selected for promotion by the CY12 and CY13 USAF Reserve Nonparticipating Major Promotion Boards. b. His non-selections for promotion be removed from the Military Personnel Data System record and all letters of notification of Reserve of the Air Force nonselection from the Automated Records Management System. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00089 in Executive Session on 13 Mar 2014 under the provisions of AFI 36-2603: , Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 28 Dec 2012 and 2 May 13, w/atchs. Exhibit B. Applicant’s Military Personnel Records Exhibit C. Letter, ARPC/PB, dated 24 May 2013. Exhibit D. Letter, SAF/MRBR, dated 7 Jun 2013. Exhibit E. Letter, Applicant, dated 1 Jul 2013, w/atch. 1 2