RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00202 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her two non-selections for promotion to the grade of major (O-4) be removed from her military personnel records. APPLICANT CONTENDS THAT: Her records should never have been sent to the promotion boards in 2008 and 2009. Prior to these promotion boards she had already completed her military service obligation (MSO) of eight years, and was enrolled in graduate school. Unbeknownst to her, her military records were administratively sent before the two promotion boards resulting in her non-selection for promotion. She has already completed the military entrance processing requirements to reenter the Air Force; however, the two non-selections must be removed from her record in order for her to reenter the military. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Air Force Reserve on 14 Jan 00. On 6 Jul 03, the applicant entered extended active duty (EAD) in the Regular Air Force. On 26 Oct 07, the applicant was relieved from active duty and assigned to Air Reserve Personnel Center (ARPC) On 9 Apr 09, the applicant was notified of her second deferral for promotion, and that in accordance with Title 10, U.S.C., Section 14505, she must be discharged. Her adjusted mandatory separation date was 1 Nov 09. On 22 Oct 09, the applicant was relieved from assignment to ARPC, Nonobligated Nonparticipating Ready Personnel Section (NNRPS), and honorably discharged from all appointments in the United States Air Force. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/PB recommends denial indicating there is no evidence of an error or an injustice. The applicant’s military personnel records revealed that she completed her obligated service and was properly assigned to the NNRPS on 11 Jan 08. Although members assigned to NNRPS are not in a participating status, they must be considered for promotion when eligible, in accordance with Title 10 USC, Section 14301. In accordance with AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, notification letters and Officer Preselection Briefs (OPBs) are mailed to each candidate’s residence approximately four months prior to each promotion board. However, they were unable to confirm if the applicant’s mailing address was correct in the Military Personnel Data System, or if the applicant did receive the notification and OPB. Additionally, a board convening notice is posted to the MyPers website announcing each board. In accordance with AFI 36-2504, it is the eligible officer’s responsibility to monitor their own eligibility and ensure their selection record is correct and up-to-date before convening of the select board. There is no evidence, nor has the applicant presented any evidence, to prove the FY09 and CY09 Air Force Reserve Nonparticipating Reserve Line and Health Professions Promotion Selection Boards acted contrary to law or regulation, or that her record contained any errors when considered by the board. She was properly discharged in accordance with Title 10 USC, Section 14506. A complete copy of the ARPC/PB evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the OPR’s recommendation to deny her requested relief arguing that she never received notifications and OPBs of the two promotion boards in this matter. She contends that she was not an “eligible” officer responsible for ensuring that her promotion record was correct and up-to-date, because she was never made aware of her status and responsibilities as a NNPRS officer. In support of her response, she notes that the Air Force has provided no documentation confirming that she was informed about her responsibilities as an NNRPS officer, nor documentation confirming they fulfilled their responsibilities of notifying her of the pending promotion boards. She argues that she was not properly discharged, or properly considered for promotion because of the reasons she has stated above (Exhibit E). 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, to include her rebuttal, we believe the applicant is the victim of an injustice. While we note the comments of ARPC/PB indicating that relief should be denied because she was properly considered by both promotion boards; we believe the applicant should not be denied reentry into the Air Force Reserve as a result of the non-selections for promotion while in the NNPRS attending graduate school. We further note the applicant has been formally offered a position with an Air Force unit, has completed the entire recruiting process and is pending accession. In view of the above, we believe the interest of justice can best be served by removing the nonselection for promotion and providing her the opportunity to continue her Air Force Reserve career. Therefore, we recommend the applicant’s records be corrected as 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: a. Her name is removed from the list of officers non-selected for promotion by the Fiscal Year 2009 and Calendar Year 2009 Nonparticipating Reserve Line and Health Professions Major Promotion Selection Boards. b. The non-selections for promotion in the Military Personnel Data Base (MilPDS) record and all letters of notification of non-selection are removed from her Automated Records Management System record. The following members of the Board considered AFBCMR Docket Number BC-2015-00202 in Executive Session on 12 Aug 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00202 was considered: Exhibit A.  DD Form 149, dated 30 Dec 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, ARPC/PB, dated 17 Feb 15. Exhibit D.  Letter, SAF/MRBR, dated 26 Feb 15. Exhibit E.  Letter, Applicant, dated 6 Mar 15.