RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02113 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His two non-selections for promotion to major be removed so that he can serve in the Air National Guard. APPLICANT CONTENDS THAT: He was unaware that he was promotion eligible while in the Inactive Ready Reserve (IRR). Had he known he was eligible for promotion, he would have requested removal from promotion consideration out of deference to those actively pursuing a career in the Reserves. Above all, he never intended to remove his option for future service to his country. He submitted a package to serve as an Intelligence Officer in the Air National Guard. His package was returned because he had been deferred for promotion twice while in the Reserves. Had he been twice passed over for promotion while on active duty, the Guard could have granted him a waiver; however, there is no waiver for those who are passed over while in the inactive reserves. The National Defense Authorization Act (NDAA) of 2011 eliminated this process. The NDAA 2011 approved a measure to keep IRR non- participating members from meeting promotion boards. Unfortunately, this action was not passed soon enough to help him. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served from 2 June 1993 through 9 September 1999. He was honorably discharged in the rank of captain. On 14 May 2004, the Air Reserve Personnel Center notified him of his second deferral for promotion. He was honorably discharged from the Air Force Reserve on 1 November 2004 in the grade of captain. AIR FORCE EVALUATION: ARPC/PB recommends denial. The applicant was considered but not selected by the FY04 Nonparticipating Reserve Major Promotion Selection Board and the FY05 Nonparticipating Reserve Major Promotion Selection Board. When considered by these boards, he was assigned to the Nonobligated Nonparticipating Ready Personnel Section. The promotion quota for Nonparticipating Reserve Promotion Board is one. Although members in this Reserve section are not in a participating status, Title 10 USC Section 14301 requires all officers on the Reserve Active Status List (RASL) be considered for promotion when eligible. Each nonparticipating candidate is mailed a notification letter and Officer Pre-selection Brief approximately four months prior to each promotion board. A board convening notice is also posted to the MyPers website announcing each board. A review of the applicant’s Officer Selection Record (OSR) did not reveal any errors in the record at the time it was reviewed by each board. No information was provided to either promotion board that would identify this member, or any other, meeting the board as in-the-promotion-zone or above-the-zone. Promotion is a competitive process. Board members consider the whole person concept in reviewing the OSR. The board considers job performance, as documented on performance reports, participation, professional qualities, job responsibility, leadership, specific achievements, decorations and education. A promotion board is the sole recommending authority and no feedback is provided by the board to explain why a member is not recommended for the next higher grade. The applicant was properly considered by the FY04 and FY05 Nonparticipating Reserve Major Promotion Selection Boards in accordance with Title 10 USC Section 14301. There were no errors in the record as it met the boards. He has provided no evidence that the board’s recommendations were unfair or unjust. The complete PB evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant does not contest the findings of the ARPC/PB and requests the Boards prompt adjudication of his case. The applicant’s response 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The applicant’s contentions are duly noted; however, we find no evidence showing that the applicant’s separation is contrary to governing policies and law. While we are not unsympathetic to the applicant’s circumstances, in the absence of evidence indicating he was treated differently than others who are similarly situated, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has not been the victim of an error or injustice. Should the law and governing policies change, the applicant could request reconsideration on that basis at that time. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-02113 in Executive Session on 15 October 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 May 14, w/atchs. Exhibit B. Applicant’s Master Personnel Record Excerpts. Exhibit C. Letter, ARPC/PB, dated 30 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 10 Nov 14. Exhibit E. Letter, Applicant’s Response, dated 20 Nov 14.