RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-1999-00694
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be retroactively promoted to the grade of major.

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APPLICANT CONTENDS THAT:

He states that he was not notified of his eligibility for promotion consideration by the FY99 Reserve Selection Board.  This error is material because of a critical period of inactive service that required explanation to the selection board.  He has experienced a 5 month inactive period prior to the FY98 promotion board waiting for the Air Force to process his application for a reserve assignment.  This error (nine month cycle time to process an application) caused an inactive period which in turn resulted in his nonselection.  His application was submitted 9 July 1997; his Individual Mobilization Augmentee (IMA) assignment was effective 2 March 1998.

In support of his appeal, the applicant provided a personal brief, ARPC/DP Memo, dated 28 August 1998, Application for Ready Reserve Assignment, ARPC Reserve Order dated 9 February 1998, AF Form 40A -- Record of Individual Inactive Training, Memorandum from XXXXXXXX dated 17 February 1999, Memorandum from XXXXXXXX, dated 20 November 1998.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve, in the grade of captain.

He was assigned to the Nonobligated - Nonparticipating Ready Personnel Section (NNRPS) since he did not have an approved Reserve assignment.  He applied for Reserve assignment on 9 July 1997, approval for the assignment was effective 2 March 1998.

Applicant was considered and not selected for promotion to the Reserve grade of major by the FY99 Selection Board, which convened on 2 March 1998.  He was considered and selected for promotion to the grade of major by the FY00 Selection Board, which convened on 1 March 1999.

Applicant's OPR profile follows:

	PERIOD ENDING	OVERALL EVALUATION

	20 Sep 94	TRAINING REPORT (TR)
	20 Sep 95	MEETS STANDARDS (MS)
	20 Sep 96	        MS
	30 Aug 97	        MS
	 1 Mar 98	NO REPORT AVAILABLE (AF Form 77)
#  1 Dec 98	        MS

#Top report on file by the FY99 selection board.

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AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ ARPC/DP, reviewed this application and states that applicant was not notified of eligibility for promotion.  Due to the lengthy process of his reserve assignment, he experienced a five month inactive period prior to the FY99 Air Force Reserve Major Selection Board promotion board.

The applicant was identified as eligible for promotion consideration.  All officer pre-selection briefs (OSB) and eligibility letters for the FY99 major board were mailed on 6 October 1997.  Although the appointment order reflects a XXXXXXXX address, the applicant’s brief and letter was mailed to                    , the address maintained in the Personnel Data System (PDS).

The applicant’s OSB was mailed to the Ohio address that was maintained in PDS.  This address appears on his AF Form 1288, Application for Ready Reserve Assignment, signed 9 July 1997.  This same address also appears on correspondence sent at later dates.  The assignment orders that were published on 9 February 1998 and on the letter, dated 28 August 1998, informing the applicant that he was not recommended for promotion were both sent to the Ohio address.  Reserve members are responsible for ensuring that their addresses maintained in the PDS are current and correct.

There are no provisions within the law that would allow a retroactive promotion to the grade of major unless a special selection board (SSB) selects the applicant for promotion.

If the AFBCMR agrees with the applicant, the following action should be taken:  The applicant should be granted SSB consideration for the FY99 Air Force Reserve Major board.

A complete copy of the Air Force evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that ARPC/DP’s memo indicates that his preselection brief and eligibility notification were mailed to the wrong address.

The major issue addressed in his application is that he was unaware of the March 1998 Majors Selection Board.  Because he was unaware of the board, he had no opportunity to contact the board to explain a critical period of inactive service.  He believes that if he had explained this inactive period to the board, he would have been promoted.

The 8 October 1997 ARPC reserve order is proof that ARPC was notified of his correct mailing address.  The order was correctly addressed.  It is not possible that ARPC could have mailed the order to the correct address without first having been notified of that correct address.  He assumed, as any reasonable person would, that ARPC’s address records were correct.  He had no way of knowing that they had and would continue to mail other important documents to an old address.  He states that ARPC had an internal communication problem.  The office responsible for issuing orders used the correct address.  The office responsible for promotion eligibility used the wrong address.  ARPC can provide no evidence that he is responsible for its incorrect mailing addresses.  He, however, has provided irrefutable evidence that they received notification of his address change, but nonetheless, continued using the old address for nearly one year.

Applicant's complete response is attached at Exhibit E.

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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 probable error or injustice.  After reviewing the circumstances surrounding the delay in obtaining an assignment, we believe the processing time was excessive.  In this regard, it appears that he applied for an assignment in July 1997 and was informed of his assignment in February 1998.  In addition, it appears that the applicant was not notified of his eligibility for promotion consideration to the grade of major by the FY99 selection board.  Applicant was considered and selected for promotion by the FY00 major board and will be promoted on 1 October 1999.  In view of the delay in obtaining an assignment and not being properly notified of his consideration for promotion by the FY99 board, we believe that the only appropriate relief at this point in time is to recommend his promotion to the grade of major by the FY99 board.  Therefore we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was promoted to the Reserve grade of major with a promotion service date and promotion effective date of 1 October 1998.

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The following members of the Board considered this application in Executive Session on 19 August 1999, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 November 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DP, dated 29 April 1999, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 17 May 1999.
   Exhibit E.  Applicant’s Response, dated 15 June 1999, w/atchs.