RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04726

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO	

APPLICANT REQUESTS THAT:

Her two non-selections for promotion to the grade of major in Calendar Year 2011 and 2012 Air Force Reserve (AFR) promotion boards be removed from her records.

APPLICANT CONTENDS THAT:

She was unaware that she was eligible for promotion while in the Individual Ready Reserve  and had she known she would have requested removal from consideration for promotion in order to preserve her opportunity for future military service.  Additionally, due to personal events and relocations she had difficulties finding a compatible Reserve assignment.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve.

On 31 May 07, the applicant was released from active duty from the Regular Air Force in the grade of captain and entered into the AFR.  She was credited with six years and one day of active service.

On 14 Mar 12, HQ Air Reserve Personnel Center (HQ ARPC) notified the applicant that she had been twice deferred for promotion and would be honorably discharged with a mandatory separation date (MSD) of 1 Oct 12. 

On 1 Oct 12, per Reserve Order CB-001992, HQ ARPC, the applicant was honorably discharged from all appointments in the Air Force.

On 30 Nov 15, HQ ARPC approved a waiver for the applicant to rejoin the Air Force Reserve.

On 29 Apr 16, the applicant took the Oath of Office, AF Form 133, and was appointed to the AFR in the grade of captain.

On 4 Apr 18, ARPC/DPTT notified the applicant that, due to her recent non-selection for promotion to the grade of major, she had been twice deferred for promotion and would be honorably discharged with a MSD of 1 Oct 18.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/PB recommends denying the application.  She was considered, and non-selected by the W0411A and W0412A Major Promotion Selection boards as required by Title 10, U.S.C., Section 14301.  The law does not prohibit the applicant from seeking re-appointment into the Reserve or Guard.  The complete advisory is at Exhibit C. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Mar 18 for comment (Exhibit D), and the applicant replied on 1 Apr 18.  In her response, the applicant asserts that she should never have been added to the Reserve Active Status List (RASL).  Additionally, she states that the Alaska Air National Guard recruiter told her that in accordance with Title 10, U.S.C., Section 12646 and 12686, she could not be reappointed.  However, the advisory states “there is nothing in law that prohibits reappointment of an officer who was discharged after promotion deferral.”  Furthermore, the process that subjected non-participating members to promotion boards while in the IRR has since been reviewed and changed through the National Defense Authorization Act of 2011.

The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/PB and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-04726 in Executive Session on 29 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 13 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Mar 18.
Exhibit E:	Applicant’s response, dated 1 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.