RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01215

	COUNSEL: NONE
	HEARING: NO

APPLICANT REQUESTS THAT:

His two-time non-selection for promotion to major be removed.

APPLICANT CONTENDS THAT:

He was assigned to the Individual Ready Reserve (IRR) in Aug 07, due to a conflict with his civilian employment.  He was never counseled by any service member about meeting promotion boards while not participating and was unaware he could continue to make rank until he received a memorandum for a second deferral for promotion.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

Reserve Order CB-001250 reflects the applicant was honorably discharged in the grade of captain effective 1 Nov 09.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/PB recommends denying the application.  The applicant was promoted to captain on 27 May 02, which made him eligible for promotion consideration by the fiscal year (FY) 09 Air Force Reserve Non-participating Line and Health Professions Major Promotion Selection Board (W0409A) which he was not selected for promotion.  He then met the calendar year (CY) 09 Air Force Reserve Non­Participating Line and Health Professions Major Promotion Selection Board (W0409C) and again was not selected for promotion.

In Apr 09, the applicant received a memorandum notifying him he was a two-time non­select for promotion to the grade of major and in accordance with Title 10, United States Code (U.S.C.), Section 14505 and would be discharged.  ARPC/PB cannot find any evidence, nor has the applicant presented any evidence, to prove the W0409A and W0409C promotion boards acted contrary to law or regulation, or that his record contained any errors.  Additionally, there is nothing in law that prohibits reappointment of an officer who was discharged after promotion deferral.  The USAFR or ANG can reappoint the officer, provided AFRC/Al or NGB/Al approves the waiver for appointment.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Dec 17 for comment (Exhibit D), and the applicant replied indicating since his discharge, he received a Bachelor of Science degree in Nursing in 2015.  He has been in contact with a Health Professions Reserve Recruiter regarding reenlistment and was informed that he needed one year of work at a hospital to be eligible.  He completed all preliminary paperwork and began the interview process and the recruiter told him that he was no longer able to join the Reserve due to his pass over in the IRR.  He further states his wife had been separated from the service for several years and obtained promotion to major in the IRR.  She reenlisted in the Air Force as a reservist in the Dental Corps.  He desires the same opportunity.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with ARPC/PB and find that a preponderance of the evidence does not substantiate the applicant’s contentions and we are not persuaded that the requested relief is warranted.  We note the rationale of the office of primary responsibility (OPR) and adopt its rationale as our own, and find no basis on which to recommend favorable action.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01215, in Executive Session on 25 Apr 18:

, Panel Chair
, Panel Member
, Panel Member

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Mar 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 31 Oct 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Dec 17.
Exhibit E:	Letter, Applicant, not dated.

Taken together with all Exhibits, this document pertaining to AFBCMR Docket Number BC-2017-01215, constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-01215.