RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04565 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His nonselections for promotion be removed and he be returned to the Individual Ready Reserve (IRR) effective the date of the Board’s approval. ________________________________________________________________ APPLICANT CONTENDS THAT: He was never provided counseling at the time of his active duty separation. He was never notified that he was eligible for promotion consideration in the IRR. He was unaware that he could complete PME while in the IRR. He was unaware of the consequences of being a two-time pass over in the IRR. He did not find out that he was discharged on 1 Jul 03 until 3 Oct 06, when he contacted a recruiter about reentry into the Air Force Reserve. He attempted reentry again in 2009 and is trying again to come back and serve in a critical required AFSC as a Flight Surgeon. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the information from the Air Force offices of primary responsibility (OPRs), on 15 Jun 88, the applicant was appointed and entered active duty in the grade of captain. He was progressively promoted to the grade of major with an effective date of 6 Jun 94. On 8 Nov 99 and 6 Nov 00, respectively, he met and was nonselected by the Calendar Year 1999A (CY99A) and the CYOOA Lieutenant Colonel Medical Corps Central Selection Boards (CSBs). He was eligible for continuation; however, the record reflects that he separated from active duty on 30 Jun 01. On 1 Jul 01, he was assigned to the Non-obligated Non- participating Ready Personnel Section (NNRPS). On 1 Jul 03, he was assigned to the Inactive Status List Reserve Section (ISLRS) and was released to civilian status on 2 Jul 04. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/CV did not make a recommendation and states that the applicant has never met a USAFR promotion board and recommended a referral to AFPC to comment on the promotion deferrals. The applicant did not meet any promotion boards during the time he served in the USAFR. While in NNRPS, he was eligible for the Fiscal Year 2003 (FY03) USAFR Lieutenant Colonel Promotion Board that convened 24 Jun 02. However, there is no record of the applicant meeting this board. He was not eligible for the FY04 USAFR Lieutenant Colonel Promotion Board due to his pending assignment to ISLRS, a non-promotion eligible status. The applicant's transfer to ISLRS on 1 Jul 03 and subsequent discharge on 2 Jul 04 was in accordance with current laws and regulations. The order discharging the applicant from all appointments in the USAF was published on 31 Aug 04 and mailed to the address listed on his DD 214. The complete ARPC/CV evaluation is at Exhibit B. AFPC/DPSOO recommends denial, stating that the applicant has not provided any justification as to why his active duty nonselections should be removed. DPSOO has no recommendation if the Board's decision is to grant relief over their objections. The complete DPSOO evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 11 Jan 13 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 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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. ________________________________________________________________ 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-2012-04565 in Executive Session on 2 Jul 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Sep 12. Exhibit B. Letter, ARPC/CV, dated 8 Nov 12. Exhibit C. Letter, AFPC/DPSOO, dated 21 Dec 12. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.