RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04554 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His three non-selections for promotion to the grade of major 
(O-4) be removed from his records so he can be accessed into the 
Air National Guard (ANG). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While assigned to the Individual Ready Reserve (IRR) as a non-
participating member, he was considered, but nonselected for 
promotion to the grade of major on three occasions; however, the 
promotion quota was only one among hundreds of records 
considered. This was not a realistic or accurate opportunity 
for his record to be adequately reviewed for promotion, 
particularly since his last officer performance report (OPR) was 
rendered in Jan 07 and there were no opportunities to submit a 
new Promotion Recommendation Form (PRF). Also, his latest OPR 
was not considered during his active duty promotion boards. 

 

In support of his request, the applicant provides an expanded 
statement and copies of correspondence related to his accession 
into the ANG, his AF Forms 709, Promotion Recommendation, and 
AF Form 707, Officer Performance Report (OPR). 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant’s military personnel records, are contained 
in the letter prepared by the appropriate office of the Air 
Force, which is attached at Exhibit C. Accordingly, there is no 
need to recite these facts in this record of proceedings. 

 

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AIR FORCE EVALUATION: 

 

ARPC/DPP recommends denial, indicating there is no evidence of 
an error or injustice. The applicant separated from active duty 
on 30 May 07 and was assigned to the Non-obligated Non-
participating Ready Personnel Section (NNRPS). Based on his 
receipt of separation pay, he was required to remain in a ready 
reserve status for three years in accordance with 
10 USC 1174(e). While assigned to NNRPS, he was considered but 
not selected for promotion to the grade of major on three 
occasions. Although members in NNRPS are not in a participating 
status, 10 USC 14301 states that all officers on the Reserve 
Active Status List (RASL) must be considered for promotion when 
they are eligible. A review of the applicant’s officer 
selection record (OSR) and officer selection briefs (OSB) did 
not reveal any errors in the record at the time they met each 
board. The applicant was separated on 11 Sep 10 as a result of 
the non-selections for promotion in accordance with 
10 USC 14505. The applicant met the correct boards on time and 
there were no errors identified in his record as it met the 
boards. The applicant has provided no evidence the boards’ 
recommendations were in any way unfair or unjust. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 4 Feb 11 for review and comment within 30 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion 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. 

 

________________________________________________________________ 

 

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-2010-04554 in Executive Session on 4 Aug 11, under the 
provisions of AFI 36-2603: 
 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 Nov 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPP, dated 19 Jan 11. 

 Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.