RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04691

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His non-selection for promotion by the Calendar Year 2010 (CY10) Non-Participating Reserve (NPR) Line and Non-line Major promotion selection board (W0410A) be removed.

APPLICANT CONTENDS THAT:

He was not eligible for the CY10 promotion board because he was assigned to the Inactive Status List Reserve Selection (ISLRS).  He was never notified he was meeting this board so was denied the ability to review and correct errant data in his professional records.  He received no Officer Performance Reports (OPRs) while in the NPR and thus had a diminished opportunity for promotion; and his non-selection for promotion is an injustice that will negatively affect his future chances for promotion.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard (ANG) in the grade of major (O-4).

According to Special Order (SO) JB-003188, dated 2 Jun 03, the applicant was promoted to the grade of captain, effective 2 Jun 03.

According to the DD Form 214, Certificate of Release or Discharge from Active Duty, on 31 Dec 06, the applicant was released from active duty and transferred to the Air Force Reserve (USAFR).

According to Reserve Order (RO) PC-00960, dated 8 Feb 07, the applicant was appointed to the Ready Reserve in the grade of captain, effective 12 Jan 07.

According to RO CJ-000548, dated 23 Apr 13, the applicant was honorably discharged from all appointments in the Air Force, effective 11 Mar 13.

According to SO ANG-A150TX, dated 11 Jun 15, the applicant was appointed to the Texas ANG in the grade of captain, effective 14 Jan 15.   

According to the Military Personnel Data System (MilPDS), the applicant was promoted to the grade of major, effective 1 Oct 16.

According to the MilPDS, the applicant’s personnel records currently does not show any non-selections for promotion.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

NGB/A1PO makes no recommendation but indicates ARPC is the appropriate OPR for members assigned to the Inactive Status List Reserve Selection (ISLRS). 

A complete copy of the NGB/A1PO evaluation is at Exhibit C.

ARPC/PB recommends denial indicating there is no evidence of an error or injustice.  The applicant was properly considered by the W0409C promotion board and his subsequent promotion to major at the first opportunity upon his appointment to the ANG, has proven there was no negative impact on his chance for promotion.  

Title 10 United States Code (USC) § 14301, states that individuals on the Reserve Active Status List (RASL) must be considered for promotion when eligible.  Individuals assigned to ISLRS are not on the RASL so are not considered for promotion.  Individuals assigned to the Non-obligated Non-participating Ready Personnel Section (NNRPS), although not in a participating status, are on the RASL and remain promotion eligible.

The applicant was promoted to the grade of captain while on active duty with a date of rank (DOR) of 2 Jun 03 and on 31 Dec 06, he separated from active duty.  The applicant incurred a break in service from 1 Jan 07 to 11 Jan 07.  Because of the break in service, the applicant’s DOR was adjusted to 13 Jun 03.  Therefore, the earliest opportunity for promotion consideration for this DOR was in 2009.

On 23 Feb 09, the applicant was assigned to the NNRPS but not selected for promotion when the AFR NPR Line and Non-line Major promotion selection board (W0409C) convened.  Each non-participating officer was mailed a system-generated notification letter and Officer Pre-selection Brief to the address listed in the Military Personnel Data System (MilPDS) approximately four months prior to the promotion board.

On 13 Jan 10, the applicant was assigned to ISLRS and therefore, removed from consideration by the CY10 AFR NPR Line and Non-line Major promotion selection board (W0410A).

On 12 Mar 13, the applicant was placed in civilian status until 14 Jan 15, when he was appointed to the Texas ANG.  Because of the break in service, his DOR was adjusted to 15 Jan 08.  This made him eligible for promotion consideration once he completed one year on the RASL.  He was considered for promotion by the CY16 ANG Line and Non-line Major promotion selection board and selected for promotion to major.

Before the applicant was selected for promotion by the CY16 board, his records properly reflected one non-selection for promotion from the CY09 board, not the CY10 board as the applicant contends.  Once MilPDS is updated with the applicant’s DOR to major, the non-selection for promotion will be overwritten in the system and set to “zero.”  The 2009 non-selection to major will be “hard-to-find” historical information that will have no impact on his future promotion consideration.

A complete copy of the ARPC/PB evaluation, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 Aug 16 for review and comment within 30 days (Exhibit E).  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 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; however, we agree with the opinion and recommendation of ARPC/PB and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We note the applicant contends he was not eligible for the W0410A promotion board and therefore, should not have been non-selected for this board.  However, we also note that according to ARPC/PB the applicant’s current records only reflect one non-selection for promotion for board W0409C and the applicant was not considered by the W0410A promotion board.  We further note that ARPC/PB indicates that once MilPDS is updated with the applicant’s current DOR to major, the non-selection for promotion will be overridden in the system and set to “zero.”  Therefore, in view of the above and 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-2015-02974 in Executive Session on 25 Jan 17 under the provisions of AFI 36-2603:

					  , Panel Chair
					 , Member
					, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 Oct 15, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PO, dated 7 Jun 16.
	Exhibit D.  Memorandum, ARPC/PB, dated 8 Jul 16.
	Exhibit E.  Letter, AFBCMR, dated 10 Aug 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.