RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04171 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be reinstated in the inactive Air Force Reserve, Individual Ready Reserve (IRR), or the Air National Guard (ANG). ________________________________________________________________ THE APPLICANT CONTENDS THAT: She transferred to the inactive Reserve in order to pursue a Master’s degree in Nurse Anesthesia. She hopes with this achievement, she will be able to provide continued support to deployments and on civilian and humanitarian tours as a Nurse Anesthetist. In support of her appeal, the applicant provides a personal statement. The applicant’s completes submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends denial, stating, in part, by law, the applicant must be separated on her mandatory separation date (MSD) and there are no provisions to extend a twice deferred officer past their MSD. Also, there are no provisions for the applicant to participate in an inactive status. The applicant voluntarily transferred to the Nonparticipating Individual Ready Reserve to pursue a Master's degree. She was assigned to the Non-obligated Non-participating Ready Personnel Section (NNRPS) by Reserve Order (RO) A-230, 23 May 2008. She met the lieutenant colonel promotion board in June 2010 and was not selected for promotion for the second time. In accordance with Title 10, United States Code (USC), Section 14506, she must be removed from the Reserve active status on the first day of the seventh month after the month which the President approves the report of the board which considered the officer for the second time. Accordingly, her MSD was adjusted to 1 March 2011. On 14 July 2010, she was reassigned from NNRPS to the Inactive Status List Reserve Section (ISLRS), with a MSD of 1 March 2011. As a member assigned to ISLRS, she cannot participate in any way, to include PME. Per Air Force Instruction 36-2633, THE AIR FORCE RESERVE PRETRAINED INDIVIDUAL MANPOWER PROGRAMS – MANAGEMENT AND UTILIZATION, Section D, paragraph 4.2., which states: “ISLRS are members who are Voluntary Separation Incentive recipients, dual status members, unsatisfactory participants, or individuals who have exceeded 2 years in NNRPS. Members assigned to ISLRS are not authorized to train and are not eligible for promotion." No officer assigned to the non participating reserve is permitted by law, to complete developmental education courses, or participate in any manner. Promotion is a competitive process and the final recommendation is determined through a fair and equitable process by the board members. A promotion board is the sole recommending authority, and no feedback is provided by the board to explain why a member is not recommended for selection to the next higher grade. The complete ARPC/DPTT evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Aug 11 for review and comment within 15 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 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 the Air Force Reserve office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 issue(s) 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-2010-04171 in Executive Session on 23 August 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Oct 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 1 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 9 Aug 11.