RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02155

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her nonselection by the Calendar Year (CY) 2014 United States Air Force Reserve (USAFR) Non-Participating Reserve (NPR) Line and Nonline Major Promotion Selection Board be removed from her record.

APPLICANT CONTENDS THAT:

When she was non-selected by the CY 2014 Major's board she was a non-participating member of the Individual Ready Reserve (IRR) and did not have a current record upon which to be evaluated.

She separated from the Regular Air Force in 2008.  In March 2014, she re-entered the Ready Reserve.  Subsequently she met the CY 2015 board and again was not selected as there was not enough information in her record for the promotion board to evaluate her potential.  Correcting her record as requested will allow her to demonstrate her potential to the 2016 Major's board based on a full and accurate record of her performance. 

In support of her request, the applicant provides copies of letters from her supervisor and commanders, awards and accolades, Officer Performance Reports (3) and various other documents associated with her request.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

On 28 June 2004, the applicant entered the Regular Air Force.

On 15 August 2008, she was honorably discharged.  The narrative reason for separation is “Pregnancy or Childbirth.”  She was credited with 4 years, 1 month and 18 days of active duty.

Via Reserve Order AR-279 dated 1 December 2008, the applicant was assigned to the Obligated Reserve Section (ORS) effective 21 November 2008.

The CY 2014 USAFR PR Line Major Promotion Board convened on 13 January 2014.  The applicant was not selected for promotion to the grade of major.

Via Reserve Order DA-00727, dated 8 April 2014, the applicant was relieved from the Non-Participating Ready Personnel Section (NNRPS) and assigned to the USAFR PR effective 27 March 2014.

The CY 2015 USAFR PR Line Major Promotion Selection Board convened on 2 February 2015.  The applicant was not selected for promotion to the grade of major.

In a memorandum dated 8 April 2015, ARPC/DPT notified the applicant of her second deferral for promotion and advised her that she would be discharged.  Her mandatory separation date was 1 October 2015.

Via Reserve Order CB-164 dated 18 September 2015, the applicant was honorably discharged and relieved from all appointments in the USAF effective 1 October 2015.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

ARPC/PB recommends denial indicating there is no evidence of an error or an injustice.  The applicant was assigned to the NNRPS and was promotion eligible when the board convened on 13 January 2014.  Although members in the NNRPS are not in a participating status, they are considered to be on the Reserve Active Status List (RASL).  In accordance with Title 10 United States Code, Section 14301 (10 U.S.C, §14301), Eligibility for consideration for promotion: general rules, all officers on the RASL must be considered for promotion when eligible. The applicant served on Active Duty from 8 January 2004 to 20 November 2008, and was appointed to the USAFR under the ORS from 21 November 2008 to 29 April 2012.  She was then assigned to the NNRPS from 30 April 2012 to 26 March 2014.  The applicant was appropriately considered for promotion by the CY 2014 USAFR NPR Line and Nonline Major Promotion Selection Board and was nonselected.   The CY 2014 USAFR NPR Line and Nonline Major Promotion Selection Board considered 690 officers and had a quota of 1 (one).  

On 27 March 2014, she was assigned, to the USAFR PR and met the CY 2015 Line Major PR Promotion Selection Board and was again nonselected.

A complete copy of the ARPC/PB evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Current policies create many obstacles for members such as her who were in a non-participating status.  Upon returning to participating status, these members lack sufficient time to demonstrate the potential to serve in the next higher grade and are subsequently discharged upon receipt of their second deferral for promotion.

She began working with a recruiter on 5 October 2013, and was not gained into her unit until 27 March 2014.  During this five month period she enrolled in Squadron Officer School (SOS) by correspondence.  However, she was not allowed to take her first exam because she did not have a common access card, which she could not receive until she was gained by her unit.  Upon her assignment to her new unit, she earned her Satellite Systems Operator certification ahead of schedule.  She was named Company Grade Officer of the Quarter, received a nomination for the Lance P. Sijan Leadership Award and was appointed as the Engineering Flight Commander.  Although she maximized her contribution, circumstances beyond her control did not allow her to gain any operational experience prior to her second promotion board.  Despite her best efforts, she met her first promotion board with five years of inactive service and SOS incomplete.  The Air Force recruits members who have left the Air Force for various reasons; however, policies make it impossible for them to continue to serve.  This issue is being addressed in proposed legislation amending 10 U.S.C, §14301, which would authorize the Secretaries of the military departments to defer promotion consideration for USAFR members in a non-participatory status.

The Air Force has spent a significant amount of time and money to prepare her as a highly educated and trained asset who is proficient on multiple weapons systems, across various core competencies.  She has provided substantial evidence to show that she is a significant contributor to the Air Force; however, was considered for promotion without sufficient time to demonstrate her potential.  She respectfully requests the Board consider her request in light of her record as well as the future legislation that will prevent this from happening to other qualified officers.

In further support of her request, the applicant provides letters of support, proposed legislation to amend 10 U.S.C, §14301 and various other documents associated with her request.

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.  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 to include the applicant’s contentions, master personnel records and the proposed legislation to amend 10 U.S.C, §14301.  However, she has not provided any evidence showing she was treated differently than others similarly situated.  As such, we conclude the applicant has failed to sustain her burden of proof that she has been the victim of an error or injustice.  Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error of injustice.  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-2015-02155 in Executive Session on 22 March 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 20 May 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, ARPC/PB, dated 22 June 2015.
Exhibit D.  Letter, AFBCMR, dated 28 August 2015.
Exhibit E.  Rebuttal, dated 1 September 2015, w/atchs.