RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02273 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be considered by a selective continuation board so that he can continue his Air Force Reserve career. 2. In his rebuttal submission, the applicant amended his request to include that his two non-selections for promotion to the grade of major by the Calendar Years 2011 (CY11) and CY12 Major Nonparticipating Reserve Promotion Selection Boards be removed from his records. _________________________________________________________________ APPLICANT CONTENDS THAT: He was passed over for promotion to the grade of major during his Inactive Ready Reserve (IRR) status from 2007 – 2012. During his time in the IRR he did not have any Officer Performance Reports (OPRs) and therefore was passed over for promotion. On 16 Mar 12, he was gained into the active Reserve, and would like to meet a continuation board to continue to serve his country. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was considered but not selected for promotion by the CY11 and CY12 Nonparticipating Reserve Major Promotion Selection Boards that convened 31 Jan 11, and 12 Jan 12, respectively. On 1 Oct 12, he was discharged from the Air Force Reserve in the grade of captain. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPT recommends denial of the applicant’s request to meet a continuation board. DPT states that in light of the proposed law change, which will render officers assigned to the Nonparticipating Reserve ineligible for promotion consideration, the Board may disagree with their recommendation and rule in favor of the member. The complete DPT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In Sep 07, he separated from active duty and entered the IRR. On 16 Mar 12, he was gained into the active Reserves and after he was gained, he was informed that while in the IRR, he met two major promotion boards and was passed over. He was sent a letter informing him that he would be discharged on 1 Oct 12. He would like to continue his career in the Air Force Reserve and is requesting that both of his nonselections be removed from his record. He never received any information or briefing that he would be meeting a promotion board during his time in the IRR. He has provided a letter of support from his commander. The applicant's complete response, with attachment, is at 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. After carefully considering the recommendation of the Air Force office of primary responsibility, and weighing the evidence presented in this case, we are inclined to grant the relief requested. The applicant asserts that he was not aware that he was being considered for promotion while in the Inactive Ready Reserve. Based on the applicant’s submission, to include the letter of support submitted in his behalf, we find it reasonable to believe the applicant was completely unaware of his promotion consideration while in the IRR, since it appears he had not received any correspondence from the Air Force Reserve. In view of the above, we recommend the applicant’s record be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. His name be removed from the list of officers non- selected for promotion by the Calendar Years 2011 and 2012 Nonparticipating Reserve Major Promotion Selection Boards. b. He was not relieved from his Reserve assignment on 1 October 2012 and discharged, but on that date, he was continued in his Reserve assignment. It is further recommended that any nonselections for promotion to the Reserve grade of Major prior to receiving three Officer Performance Reports with at least 250 days supervision, in the grade of captain, be set aside. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02273 in Executive Session on 5 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Apr 12, w/atchs. Exhibit B. Letter, ARPC/DPT, dated 25 Jun 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 27 Jun 12. Exhibit D. Letter, Applicant, dated 18 Oct 12, w/atch.