RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBERS:  BC-2005-00009
INDEX CODE:  100.05, 131.01
	XXXXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 July 2006

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APPLICANT REQUESTS THAT: 

Her date of assignment be corrected to 30 April 2003 in order to make her eligible to meet the Fiscal Year (FY) 2004 Captain promotion board.  If approved, she be considered for promotion by a Special Selection Board (SSB).  

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APPLICANT CONTENDS THAT:

Her Ready Reserve assignment was unnecessarily delayed due to recruiter oversight.  This delay caused her not to be eligible for promotion consideration to the grade of captain during the FY04 Captain Promotion Cycle.  She initially contacted the recruiter the week of 5 April 2003.  Subsequently, she met with the recruiter to sign and finalize an AF Form 1288, Application for Ready Reserve Assignment; however, the application was not completed because the recruiter did not have the duty position number or the required waiver for her assignment to an overage position.  She contacted the recruiter by phone on 17 and 21 April 2003; however, the recruiter told her that she still did not have the required information.  After contacting and soliciting assistance from the wing commander and the squadron commander, she was able to get the required information passed to the recruiter in order to complete the AF Form 1288.  She met with the recruiter a second time on 23 April 2003 only to be told that she needed a copy of her last physical to process the application.  She signed the AF Form 1288 on 20 May 2003 after a copy of the physical was received on 19 May 2003.  She was finally assigned on 23 May 2003.  

In support of her application, the applicant provides a copy of her AF Form 1288; an excerpt from Air Force Reserve Command (AFRC) Instruction 36-2001, dated 21 April 2004; and two letters of support from her commander and the Military Support Squadron (MSS).  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

According to the military personnel data system (MILPDS), the applicant is currently serving in the Air Force Reserve in the grade of first lieutenant with a date of rank of 2 February 2000.  

On 19 May 2003, while assigned to the Individual Ready Reserve (IRR), the applicant submitted an AF Form 1288 for reassignment from the IRR to an active Reserve position.  The wing commander indorsed the application on 20 May 2003. On 22 May 2003, a squadron representative annotated the assignment information and signed the second indorsement of the AF Form 1288.  The applicant was assigned to the position effective 23 May 2003.

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AIR FORCE EVALUATION:

AFRC/RSS recommends denial of the applicant’s request.  RSS states that according to the recruiter’s documentation and information input into the recruiting database, the applicant did not have her first meeting with the recruiter until 15 May 2003.  Further documentation indicates the applicant returned to the recruiter’s office on 19 May 2003 to complete the required paperwork and submit her application.  There is no documentation to validate the applicant’s claim that she met with the recruiter on or about 15 April 2003.  It is RSS’ opinion that the applicant’s accusation is the recruiter was at fault in delaying her processing and preventing her from being assigned at an earlier date is unjustified.  The RSS evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 January 2005 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 probable error or injustice.  The Board majority believes the applicant did not provide persuasive evidence showing the actions taken to effect her Ready Reserve assignment were unnecessarily delayed beyond those required by the exigencies of administrative processing.  We note the comments by the applicant’s commander that it was his intention to have the applicant gained into his unit in April 2003; however, the Board majority feels this is not evidence that the processing of her assignment was unreasonably delayed.  According to the Air Force office of primary responsibility, the applicant’s first recorded meeting with the recruiter took place on 15 May 2003.  Without evidence to the contrary, the Board majority finds no basis on which to favorably consider her request to change her date of assignment.  In the absence of evidence by the applicant that she was treated differently than other members in a similar situation, the Board majority does not recommend favorable action on her request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 30 June 2005, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

Voted to deny the application.  Voted to grant the applicant’s request, but elected not to submit a minority report.  The following documentary evidence for AFBCMR Docket Number BC-2005-00009 was considered:

	Exhibit A.  DD Form 149, dated 22 Dec 04, with attachments.
	Exhibit B.  Letter, AFRC/RSS, dated 21 Jan 05.
	Exhibit C.  Letter, SAF/MRBR, dated 28 Jan 05.

						
									Panel Chair