RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02036

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His promotion pass-over to major (O-4) in Feb 19, be removed.

APPLICANT’S CONTENTIONS

He entered active duty in Aug 09, separated in Oct 14, at which point he entered the Inactive Ready Reserve (IRR).  In Dec 18, he returned to active Reserve status as an Individual Mobilization Augmentee (IMA).  In Feb 19, he met the major promotion board.  At that time he had only been on the Reserve Active Status List (RASL) for just over 2 months.  In Jun 19, when he arrived for his first annual tour as an IMA Reservist, he discovered he had been passed over.  However, Air Force guidance states the officer must have been on the RASL, or the active duty list, or a combination of these, for 1 year before the board convenes.  Therefore, he should not have met the promotion board in Feb 19.  This pass over prevented his transfer from the Reserves to a Guard position, for which he had been selected.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve captain (O-3).

On 2 Oct 14, the applicant was discharged from the Regular Air Force.

On 1 Jan 15, the applicant was appointed as an officer in the Air Force Reserve.

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.  The applicant was required by law to meet the Calendar Year 2019 (CY19) promotion board, for which he was eligible.  There is no evidence the board acted contrary to law.  The applicant was released from active duty on 2 Oct 14 and transferred to the Ex-Employee Status from 3 Oct 14 to 31 Dec 14.  On 1 Jan 15, he was appointed as a Reserve of the Air Force Officer, and  reassigned to the Obligated Reserve Section (ORS) through 14 May 17.  The applicant was then reassigned to the Nonobligated Non-participating Ready Personnel Section on 15 May 17 through 4 Dec 18.  On 5 Dec 18, he applied for and was accepted as an IMA.  Beginning 1 Jan 15, the applicant was not assigned to the IRR, but was assigned to the Non-participating Individual Ready Reserve (IRR).  Officers in this status are promotion eligible.  He was considered and not selected by the CY19 Air Force Reserve Line and Nonline Major Promotion Selection board which convened on 28 Jan 19.  According to Title 10, U.S.C. Section 14301, officers are eligible for consideration for promotion by a board if they are on the RASL and during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists).  The applicant was eligible for the CY19 board, and was required by this law to meet the board.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 30 Oct 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

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

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-02036 in Executive Session on 28 Jan 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, w/atch, dated 10 Aug 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 30 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2020-02036, as required by AFI 36-2603, paragraph 4.11.9.