RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03393
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His non-selection by the CY12 USAFR Non-participating Reserve (NPR) Major Line Promotion Selection Board (board identifier W0412A) be removed from his record.  

APPLICANT CONTENDS THAT:

He did not know he was eligible for promotion, he did not receive notice he was eligible for promotion, he did not receive any guidance on submitting a promotion package, therefore, he did not submit a promotion package to the promotion board, resulting in his non-selection for promotion.  Subsequently, he was non-selected for promotion for a second time by the CY15 USAFR Participating Reserve Major Line Promotion Selection Board on 2 Feb 15, resulting in his mandatory discharge from the service on 1 Oct 15.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 29 May 02.

On 20 Jun 05, the applicant was awarded the Joint Service Commendation Medal for his meritorious service while serving as the Force Protection Officer, Special Operations Command Central, MacDill Air Force Based, Fl., in support of Operations IRAQI FREEDOM and ENDURING FREEDOM, from 19 Sep 04 to 15 Jul 05.  

On 29 Sep 06, the applicant separated from active duty under a force shaping program, and was furnished an honorable discharge, and was credited with four years, four months, and one day of active service.

On 30 Sep 06, the applicant was assigned to the Obligated Reserve Section until the end of his original Military Service Obligation, 28 May 10.  

On 29 May 10, the applicant was moved to the Non-obligated Non-participating Ready Personnel Section (NNRPS).

On 23 Jan 12, the applicant was considered but not selected for promotion by the CY12 USAFR NPR Major Line Promotion Selection Board.  

On 29 May 12, the applicant was assigned to the Inactive Status List Reserve Section (ISLRS).  

On 31 May 13, the applicant was assigned as an Individual Mobilization Augmentee (IMA) to the 92 Security Forces Squadron Commander.  

On 6 Feb 14, the applicant received an AF Form 77, Letter of Evaluation (LOE) indicating that “no report available for the period 29 May 06 through 20 May 13.”  “No report required according to AFI 36-2406, Officer and Enlisted Evaluation Systems.” 

On 5 Sep 14, the applicant acknowledged his Officer Performance Report (OPR) for the period 13 May 13 through 30 May 14.  

On 31 Aug 15, the applicant acknowledged his OPR for the period 31 May 14 through 30 May 15.   

On 8 Apr 15, the applicant was notified by ARPC/DPT of his second deferral for promotion (non-selected for promotion by the CY15 USAFR Participating Reserve Major Line Promotion Selection Board on 2 Feb 15).  In accordance with Title 10, U.S.C., Section 14505, he must be discharged with a mandatory separation date of 1 Oct 15.  

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

AIR FORCE EVALUATION:

ARPC/PB recommends denial indicating there is no evidence of an error or an injustice.  The applicant was properly considered but not selected by the CY12 USAFR NPR Major Line Promotion Selection Board on 14 Jan 12.  At the time of the board, his record showed a 5-year time period of non-participation, no USAFR performance reports, no decorations since his separation from active duty and no developmental education.  While they noted that officers are not eligible to enroll in developmental education while in a non-participating status, they did point out that although the applicant was assigned to the NNRPS in a non-participating status, he was on the Reserve Active Status List (RASL) and must be considered for promotion when eligible in accordance to Title 10, U.S.C., Section 12301.  AFPC/DP indicated that each non-participating candidate was mailed a notification letter and Officer Pre-selection Brief to the address listed in their system approximately four months prior to the promotion board.  Additionally, a board convening notice, containing guidance regarding the specific promotion board, dated 2 Sep 11, was posted to the MyPers website within a week of that date.  AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, states that officers are responsible for monitoring their own promotion eligibility.  There is no action required on any officer’s part to be eligible for a mandatory board.  There is no “promotion package” that is submitted by the officer.  

The quota for all USAFR NPR boards is 1, regardless of the number of individuals meeting the board.  There were 1,219 individuals who met the CY12 USAFR NPR Major Line Promotion Selection Board.  Although the Air Force has attempted since calendar year 2000 to change the law to exclude individuals assigned to NNRPS from promotion consideration, the law currently contains no such provisions.  They could not find any evidence, nor has the applicant presented any evidence, to prove the CY12 board acted contrary to law or regulation, or that his record contained any errors.  

On 2 Feb 15, the applicant met the CY15 USAFR Participating Reserve Major Line Promotion Selection Board, and received his second deferral for promotion.  At the time, his record revealed a 7-year time period of non-participation, one USAFR performance report, no decorations since his separation from active duty, and no developmental education.  Eligibility for continuation by the CY15 Captain Continuation board was based on manning levels in an Air Force Specialty Code (AFSC) of less than 85 per cent.  His AFSC was manned at 103.5 per cent making him ineligible for continuation consideration by the board, resulting in his 1 Oct 15, discharge.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides two corrections and new information in support of his requested relief.  He refutes the validity of the advisory indicating that when he was separated from active duty under the force shaping program on 29 Sep 06 he received separation pay.  He did not receive any separation pay, only six months of SGLI coverage.  Also, he points out that his Officer Selection Briefs that met the promotion boards, did not list his Joint Service Commendation Medal.  Lastly, he opined that another Security Forces captain had a seven year break in service from his release from active duty to his appointment into the AF Reserve, and the only documentation that was required of him was the Air Force Form 77 (Letter of Evaluation).  He assures the Board that he will continue to be an asset to the United States Air Force. 

A complete copy of the Applicant’s Response to the Air Force Evaluation 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 his response to the Air Force Evaluation; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  The Board did confirm an error in the OPR advisory as pointed out by the applicant in his response to the Air Force Evaluation, that he did not receive severance pay.  A follow-up with ARPC/PB revealed they did make a mistake in stating the applicant received severance pay when he separated from the Regular Air Force in 2006.  A Regular Air Force member is entitled to severance pay when involuntarily separated; the applicant voluntarily separated in 2006 for “miscellaneous/general reasons,” therefore, he was ineligible for severance pay.  This error had no impact on the recommendation to deny the applicant’s request.  Additionally, ARPC/PB pointed out that military members are not entitled to severance pay when being separated from the Air Force Reserve.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.	

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 issues 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-2015-03393 in Executive Session on 21 Jun 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03393 was considered:

	Exhibit A.  DD Form 149, dated 17 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/PB, dated 18 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 16.
	Exhibit E.  Letter, Applicant, dated 29 Apr 16. 

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.