RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05712 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His two non-selections to major be removed and he be reinstated into the Air Force Reserve in the rank of major. ________________________________________________________________ APPLICANT CONTENDS THAT: As a part of his voluntary separation, he was placed into the Inactive Reserve, not the Inactive Ready Reserve. His commission is indefinite unless he resigns; which he never would. As a member of the Inactive Reserve, he should have never met the promotion board. The discharge is inaccurate because had he been part of those promotion boards, he would have been promoted to major. In support of the appeal, the applicant provides his DD Form 214, Certificate of Release or Discharge from Active Duty, letters of recommendation and certifications. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force who served from 17 June 2001 through 1 September 2007. His narrative reason for separation is listed as Force Shaping - VSP and the type of separation is listed as resignation. He was assigned into the IRR effective 2 September 2007. On 14 March 2012, he was notified that he was not recommended for promotion to major. Due to this second promotion deferral, a mandatory separation date of 1 October 2012 was established. He was honorably discharged from the all appointments of the Air Force Reserves effective 1 October 2012 in the grade of captain. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/PB recommends denial. The Voluntary Separation Program includes separation pay. When an officer accepts this pay, they must remain a member of the Ready Reserve for 3 years. The applicant was discharged from active duty on 1 September 2007 and assigned to the Obligated Reserve Section until 10 May 2009. On 11 May 2009, he was assigned to the Non-Obligated Nonparticipating Ready Personnel Section (NNRPS), a part of the IRR, to complete his 3 year service in the IRR. Members are not participated assignment into the Inactive Status List Reserve Section, because it is part of the Standby Reserve, and the Title 10 requirement for receiving separation pay is for the member to be part of the Ready Reserve. While assigned to the NNRPS, he was considered for, but not selected by, the CY11 and CY12 non-participating Reserve major selection promotion boards. Following two non-selections, he was discharged. The applicant was properly assigned, properly considered and correctly discharged after failing selection for promotion. The complete PB 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 11 January 2013 for review and comment within 30 days. As of this date, this office has received no response (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. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we are not persuaded that a change in the record is warranted. The applicant’s contentions are duly noted; however, he has not provided persuasive evidence to override the rationale provided by the Air Force office of primary responsibility (OPR). Therefore, we agree with the opinion and recommendation of the OPR and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of persuasive 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 that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that 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-2012-05712 in Executive Session on 12 September 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Nov 12, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/PB, dated 10 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.