RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02322 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her non-selection for promotion to the grade of major by the Calendar Year 2012 (CY12) Nonparticipating Reserve Nurse Corps Major Promotion Selection Board, be removed from her record. _________________________________________________________________ APPLICANT CONTENDS THAT: Her daughter’s terminal illness consumed most of her life for the past two years, and she was unable to prepare for the two promotion boards (2011 and 2012) for which she was considered. She was forced into the Individual Ready Reserve (IRR) because of the terminal illness of her daughter. Her assignment to the IRR caused her to be disenrolled from Squadron Officer School (SOS), which is the Developmental Education (DE) appropriate for promotion to major. Her initial enrollment in SOS was not completed as she was deployed, and her work schedule of 12 hour shifts for 6 days a week, and limited computer access were not conducive to online training. Her subsequent reenrollment in SOS was sidelined as she cared for her ill daughter. She has since reenrolled in SOS. She was unavailable to sign her Officer Performance Report (OPR) in time for the Jan 12 board. In support of her request, the applicant provides copies of her appeal letter and a letter of support from her rating chain. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was considered, but not selected for promotion to the grade of major, by the Calendar Year 2011 (CY11) Participating Reserve Nurse Corps Major Promotion Board and the Calendar Year 2012 (CY12) Nonparticipating Reserve Nurse Corps Major Promotion Selection Board, which convened on 31 Jan 11, and 23 Jan 12, respectively. On 1 Oct 12, she was transferred to the Retired Reserve Section. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/PB recommends denial. PB states there were no errors in the applicant’s record when it met either the CY11 or CY12 board. PB points out that in light of the proposed law change, which will render officers assigned to the Nonparticipating Reserve (IRR) ineligible for promotion consideration, the Board may disagree with their recommendation and rule in favor of the applicant. The complete PB evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 Jun 12, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, a response has not been received by this office (Exhibit C). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. The applicant asserts that due to the terminal illness of her daughter she was forced into a nonparticipating status and is requesting her nonselection to the grade of major be removed. After carefully considering the recommendation of the Air Force office of primary responsibility (OPR), and weighing the evidence presented in this case, the Board majority is inclined to grant relief. The Board majority notes that ARPC/PB recommends denial stating there were no errors in the applicant’s record when it met the Calendar Year 2012 Nonparticipating Reserve Nurse Corps Major Promotion Selection Board. However, the Board majority finds it reasonable to conclude there were extenuating circumstances which resulted in her placement in a non-participating status, specifically her terminally ill daughter, which prevented her from fully participating and meeting expectations. Therefore, based on the extenuating factors in this case, and the letter of support submitted in her behalf, the Board majority believes it would be in the interest of justice to remove the applicant’s nonselection to the grade of major and allow her the opportunity continue her career in the Air Force Reserve. In view of the above, the Board majority recommends 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. She was not considered by the Calendar Years 2011 and 2012 Nonparticipating Reserve Nurse Corps Major Promotion Selection Boards. b. She was not relieved from her current assignment on 1 October 2012 and transferred to the Retired Reserve Section, but on that date, she was continued in her 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-2012-02322 in Executive Session on 15 Jan 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board recommended approval of the application. XXXXXXXXXXXXX voted to deny the applicant’s request and did not wish to submit a minority report. The following documentary evidence pertaining to Docket Number BC-2012- 02322 was considered: Exhibit A. DD Form 149, dated 11 Oct 11, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 30 Dec 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 6 Jan 12.