RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00414 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1.  His two non-selections for promotion to the grade of lieutenant colonel (Lt Col) in Calendar Year 2013 (CY13) and CY14 be declared void and removed from his record. 2.  His mandatory separation date (MSD) of 1 Jun 16, be delayed to a date which will allow him to obtain 20 satisfactory years of service and qualify for a Reserve Retirement. APPLICANT CONTENDS THAT: When he transferred to the Individual Ready Reserve (IRR) he was unaware he was immediately promotion eligible and did not understand the ramifications of being twice passed over. His total federal commissioned service date (TFCSD) of 22 May 96 will only allow him to serve until he has 20 years of commissioned service, which unfortunately will give him only 18 years of satisfactory service. It has always been his desire to remain in participating status until he earned a Reserve retirement. He is in the process of returning to participating status, but will be limited to less than two years of service unless his non-selections are removed from his record. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 5 Jun 96. On 29 Sep 07, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Force Shaping—VSP (Voluntary Separation Pay),” and was credited with 11 years, 3 months, and 25 days of total active service. According to the applicant, he was non-selected for promotion to the grade of Lt Col on the CY12 Lt Col Promotion Selection Board. Under Reserve Order A-153, dated 3 Apr 13, the applicant was transferred to the IRR. On 10 Jun 13, the applicant was non-selected for promotion to Lt Col on the CY13 Nonparticipating Reserve (NPR) Line and Nonline Lt Col Promotion Selection Board. On 15 Aug 13, the applicant was notified that because he had been deferred for promotion to Lt Col a second time, he was to be discharged by his MSD of 1 Jun 16. On 9 Jun 14, the applicant was non-selected for promotion to Lt Col on the CY14 Nonparticipating Reserve (NPR) Line and Nonline Lt Col Promotion Selection Board. 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. The applicant was assigned to the Nonobligated Nonparticipating Ready Personnel Section (NNRPS) when he was passed over from promotion in 2013 and 2014. Although members in the NNRPS are not in a participating status, they are considered to be on the Reserve Active Status List (RASL). In accordance with Title 10 United States Code (USC) § 14301, all officers on the RASL must be considered for promotion eligibility. Reserve officers who hold the grade of major and who failed to be selected to the next higher grade for the second time are removed from the RASL. Based on the applicant’s total federal commissioned service date (TFCSD) of 22 May 96, his mandatory separation date was correctly established as 1 Jun 16, based upon 20 years of commissioned service. There is no error or injustice, nor has the applicant presented any evidence to show the promotion boards acted contrary to law or regulation. His MSD was properly established. A complete copy of the ARPC/PB evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of his request, the applicant submitted a statement reiterating that he has faithfully served for over 16 years of both active duty and in the Reserve, and it was never his intention to discontinue his active service or to be transferred to the IRR. In addition, he believes the current law regarding eligibility for Reserve Component members in a non-participating status is in the process of being amended to avoid the very situation he finds himself in. In addition, he submitted a copy of the proposed legislation he mentioned. 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 an error or injustice. We took notice of the applicant’s complete submission, to include his rebuttal response to the advisory opinion in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/PB and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-00414 in Executive Session on 6 Oct 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 26 Jan 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/PB, dated 25 Feb 15. Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 15. Exhibit E.  Letter, Applicant, dated 23 Feb 15, w/atch.