RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04536 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His non-selection for promotion by the Calendar Year 2014 (CY14) Non-Participating Reserve (NPR) major promotion selection board be removed. APPLICANT CONTENDS THAT: His record met the nonparticipating promotion board while he was in the process of being hired as a traditional reservist. In Dec 12, he completed the required medical and application process and was hired in Mar 14. However, he was considered and not selected by the CY14 NPR Major Promotion Selection Board while he was in the Inactive Ready Reserve (IRR). In support of his request, the applicant submits a letter from the 79 ARS/CC (hiring commander), dated 29 Oct 14 recommending his mandatory separation date (MSD) of February 2015 be removed and he be continued in the Reserve at the rank of captain or that his MSD be postponed one year to allow him to compete in the next promotion board. The 79 ARS/CC states in part that while the applicant’s record was meeting the last promotion board in the IRR on 13 Jan 2014, he was in the process of being gained and sent to a formal course of training in the KC-10 with the 79th Air Refueling Squadron (79 ARS). On 31 Dec 12, the applicant was hired to join the 79th ARS. Due to a lengthy flying class and flight physical he was not medically requalified as a pilot until 14 Mar 14 and placed in the first- available KC-10 requalification course in Jun 14. The process to gain the applicant took place between October 2012 and March 2014. During that period, his record met a non-participating promotion board twice; unfortunately, that process was invisible to the unit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to Special Order (SO) AB-046, dated 12 Sep 03, the applicant was appointed to the Air Force Reserve (AFRES) in the grade of second lieutenant (2Lt, O-1), effective 19 Sep 03. On 2 Mar 12, the applicant was appointed to the AFRES in the grade of captain (O-3). On 14 Jan 13, the applicant was considered but not selected for promotion by the CY13 NPR Line and Nonline Major Promotion Selection Board. On 13 Jan 14, the applicant was considered but not selected for promotion by the CY14 NPR Line and Nonline Major Promotion Selection Board. According to Reserve Order (RO) HB-001778, dated 4 Mar 14, the applicant was transferred from the Nonobligated Nonparticipating Ready Personnel Section (NNRPS) to the Inactive Status List Reserve Section (ISLRS), effective 2 Mar 14. According to Reserve Order DA-00801, dated 21 Apr 14, the applicant was transferred to the Participating Reserves, effective 14 Mar 14. In a letter dated 4 Jun 14, AFPC/DPTT notified the applicant of his second deferral for promotion to the grade of major by the Reserve of the Air Force Selection Board and that he would be retained as a member of the Reserve until 28 February 2015. He was also advised that the deferral made him ineligible for further assignment consideration. According to the AF IMT 475, Education/Training Report, dated 23 Oct 14, the applicant successfully completed the KC-10 Pilot Requalification Course. On 18 Feb 15, the applicant was honorably discharged from all appointments in the Air Force, effective 28 Feb 15. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/PB recommends denial, indicating there is no evidence of an error or an injustice. While assigned to the NNRPS, the applicant was considered, but not selected by the CY13 and CY14 NPR Line and Non-line major promotion selection board, convened on 14 Jan 13 and 13 Jan 14, respectively. The applicant was not assigned to a participating reserve position until 14 Mar 14. The promotion quota for NPR promotion boards is one. Although members in this reserve section are not in a participating status, in accordance with 10 U.S.C., section 14301, all officers on the reserve active status list must be considered for promotion when eligible. The applicant has not presented any evidence to prove the board acted contrary to law or regulation, or that his record contained any errors when considered by the board. A complete copy of the 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 17 Feb 15 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the documentation included with this appeal, we are persuaded that relief is warranted. In this respect, we note that in Dec 12, the applicant was offered a position in the 79th ARS. However, due to a lengthy flight physical the applicant was not medically requalified as a pilot until 14 Mar 14. Consequently, it appears the applicant was considered but not selected for promotion by the CY13 and CY14 Reserve NPR Line and Nonline Major Promotion Selection Boards which made him ineligible for further assignment consideration. While ARPC/PB recommends denial stating the applicant has not presented any evidence or an error or injustice, it is our opinion that the applicant acted in good faith in securing a participating reserve position. Based on the circumstances in this case, we find it in the interest of justice to recommend the applicant’s non-selection for promotion to the grade of major by the FY14 Reserve NPR Line and Nonline Major Promotion Selection Board be removed. Whether or not he is successful in his attempts to return to the military will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of service. Accordingly, we recommend the applicant’s records be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. His non-selection for promotion to the grade of major (O-4) by the Calendar Year 2014 (CY14) Reserve Non-Participating Non-Line Major Promotion Selection Board be declared void and removed from his records. b. His non-selection be removed from his officer Military Personnel Data System (MilPDS) record and all letters of notification of non-selection be removed from his ARM record. The following members of the Board considered AFBCMR Docket Number BC-2014-04536 in Executive Session on 6 Aug 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 30 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/PB, dated 12 Dec 14, w/atch. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 15.