RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03734 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to remove the two non-selections for promotion to the grade of Major (Maj, O-4). APPLICANT CONTENDS THAT: Due to the Military Personnel Flight (MPF) improperly processing her resignation, her name was submitted to a promotion board that met in February of 2010. Consequently she received a second deferral for promotion in May of 2010. Although she is still within the three-year reporting timeframe she wants to apologize for not attempting to correct her record at this level sooner. She recently discovered the scope of this error and the effect it could have on her current pursuit of a position as an Air Force Reserve Chaplain if not corrected. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to an AF Form 133, Oath of Office (Military Personnel), dated 14 May 99, the applicant commenced her service in the Air Force Reserve (AFRES) and served on active duty until 11 Jul 03. She was honorably discharged in the grade of captain (O-3) and transferred to the AFRES. She was credited with four years of total active service. According to a letter dated 11 Jul 09, the applicant requested her resignation from all appointments in the Air Force. In a letter dated 18 May 10, the applicant was notified by ARPC/DPP of her second deferral for promotion, in accordance with 10 USC § 14505 and her Mandatory Separation Date (MSD) was adjusted to 1 Dec 10. On 18 Aug 10, the applicant was honorably discharged from the AFRES. AIR FORCE EVALUATION: ARPC/PB recommends denial of the applicant’s request to remove her non-selection by the Calendar Year 2009 (CY09) Participating (PR) Line and Health Professions Major Promotion Selection Board. PB states the applicant was assigned to a unit at that time; therefore, properly considered by the board prior to her resignation on 11 Jul 09. However, PB recommends removal of the non-selection for promotion by the CYl0 USAFR PR Line and Health Professions Major Promotion Selection Board indicating that due to no fault of her own, the applicant's resignation was not processed in a timely manner by her unit which caused her to be inappropriately non-selected. 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 23 Dec 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 to warrant removing the CY09 PR Line and Health Professions Major Promotion Selection Board non-selection. We took notice of the applicant’s complete submission in judging the merits of this case; however, we agree with the opinion and recommendation of Air Force Office of Primary Responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In view of the above we find no basis to grant the relief sought in this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief by removing the non-selection for promotion by the CYl0 USAFR PR Line and Health Professions Major Promotion Selection Board. Having carefully reviewed this application, we agree with the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant's records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that her non- selection for promotion to the grade of major (O-4) by the Calendar Year (CY) 2010 USAFR PR Line and Health Professions Major Promotion Selection Board be declared void and removed from her records. The following members of the Board considered AFBCMR Docket Number BC-2014-03734 in Executive Session on 13 May 15 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 12 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/PB, dated 2 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 23 Dec 14.