RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00178 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: One of two promotion deferrals to the grade of major be removed from his records. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He is a prior service commissioned officer who was deferred for promotion to the grade of Major by the Air National Guard (ANG) fiscal year (FY) 2004, major promotion board that convened on 19 April 2004, as well as the AF Reserve FY05, major promotion board which convened in February 2005. The FY04 board occurred while he was transferring out of the ANG to accept an AF Reserve IMA/IRR position. He did not receive notification of the board and did not have an opportunity to review his records and write a letter. The FY05 board convened shortly after he in-processed into the AF Reserve. There was less than one year’s time span between the FY04 and FY05 promotion boards. At that time, he did not realize the ANG board had convened and he thought the Reserve board was his first promotion board. He has enlisted in the Michigan, ANG to fill a needed vacancy that required his specific skill sets. In support of his request the applicant submits copies of his service history points summary dated 14 October 2012, DD Form 2802, Report of Medical Examination, and a letter of recommendation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard in the grade of Staff Sergeant, E-5. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. ARPC/PB recommends denial. ARPC/PB states the applicant’s record met, but was not selected for promotion by, the FY05 ANG major promotion selection board that convened 5 April 2004. The applicant then transferred to the AF Reserve on 30 September 2004. His record met, but was not selected for promotion by, the FY06 AF Reserve major promotion selection board that convened on 15 February 2005. On 1 November 2005, the applicant was separated from the Air Force Reserve for being twice non-selected for promotion. There was no error in his record when it was considered by either board. The applicant has not presented any evidence to prove either board acted contrary to law or regulation, or that his record contained any errors when considered by either board. 2. As noted by the AF/JAG in the attachment to their advisory, there is nothing in law that prohibits the reappointment of a twice deferred officer who was discharged. The Michigan ANG can reappoint the applicant if authorized by the National Guard Bureau (NGB). The complete ARPC/PB evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 February 2013, for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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 opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The Board notes the AF/JA opinion, in the attachment to the OPR’s advisory, that there is nothing in law that prohibits the reappointment of a twice deferred officer who was discharged. As such, the applicant can be reappointed in his current state of affiliation if authorized by the National Guard Bureau. Therefore, 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 material 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 this application in Executive Session on 17 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2013-00178: Exhibit A. DD Form 149, dated 7 Jan 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/PB, dated 13 Feb 2013, w/atch. Exhibit D. Letter, SAF/MRBR, dated 24 Feb 2013. 1 2