RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-02443
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be considered for position vacancy (PV) promotion by a Special Review Board (SRB) for the Fiscal Year 2002B (FY02B) Reserve of the Air Force (ResAF) Lieutenant Colonel PV Board.

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THE APPLICANT CONTENDS THAT:

Due to MILMOD/Reserve Management Vacancy System (RMVS) problems, over which he had no control, he was not considered for PV promotion by the FY02B board.

The applicant states that the FY02B board never considered his AF Form 709, Promotion Recommendation, because the position was not authorized at a higher grade than his current grade.  While the position upgrade approval letter (from the Deputy Chief of the Air Force Reserve) and a Historical Change Notice by the 11th Wing manpower shop was submitted, none of this information was reviewed when his record was pulled from board consideration.  Apparently, the only information considered in this decision was out-of-date information loaded into the Air Force manpower system.  Inaccurate information due to MILMOD/RMVS related problems.

In support of the appeal, applicant submits a personal statement, U-920/DA-RMO package, dated 10 January 2001, USAF/ILEXX, letter, dated 21 August 2001, USAF/RE, letter, dated 24 May 2001, and other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C).

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AIR FORCE EVALUATION:

ARPC/DPB recommended denial.  They indicate that the applicant’s senior rater nominated him for a position vacancy (PV) promotion consideration by the FY02 Line and Health Professions Lieutenant Colonel Position Vacancy Promotion Selection Board.  When the application package arrived at HQ ARPC, the position for which the applicant was nominated was a valid, funded major’s billet.  AFI 36-2504, Officer Promotion, Continuation, and Selective Early Removal in the Reserve of the Air Force, paragraph 2.7.2.2 states:  “The position must be authorized at a higher grade than the nominee’s current grade.”  A further requirement is for the applicant’s nomination package to arrive at HQ ARPC/DPBA 45 days prior to the convening of the selection board (AFI 36-2406).  When received at HQ ARPC, the package is to be complete and accurate.  When the applicant’s package was received, it was neither complete nor accurate.  By the applicant’s attachments, the upgrade to the position occupied was approved 24 May 2001 (four business days prior to the selection board) and not updated to RMVS until 31 May 2001 (the day before the board).  Submission date for all Position Vacancy nominations was due to HQ ARPC by 21 April 2001.

MILMOD, or previously the Personnel Data System (PDS), is not and has not been used to verify positions, grade of nominated positions, or availability of vacancies.  Reserve Management Vacancy System (RMVS) is the only verification tool used, as it is the system used to manage Reserve positions (assignments).  Its data “feeds” MILMOD and previously, PDS.  With the time difference between RMVS update and MILMOD (PDS), it is more accurate and up-to-date.  The applicant did not meet the eligibility requirement of occupying a valid, funded, higher graded position when nominated.  By the applicant’s own AFBCMR application, the position did not become a valid, funded lieutenant colonel position until 31 May 200, [SIC] 40 days after the submission date.  The applicant was not eligible for consideration.

The Air Force evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he occupied a valid lieutenant colonel position at the time the FY02  Reserve Line lieutenant Colonel Board convened.  ARPC common practice was to consider officers whose submissions were upgraded subsequent to the PRF due date, but prior to the board convening date.  The ARPC standard operating procedure, to confirm billet eligibility with the member’s Military Personnel Flight (MPF) when in doubt, although offered to other PV promotion candidates, was not applied in his case, thus creating an administrative/procedural error.  His senior rater provided a PRF in accordance with stated ARPC guidance.  Unusual Congressional circumstances delayed the approval of his billet upgraded beyond the PRF submission date, causing an additional 2-3 month delay in normal processing time while data system failures (compounded by human error) precluded the timely update of his position in both the manpower and personnel data systems.  There is room for confusion/interpretation between AFI’s 36-2406 and 36-2504.  Both his command and MPF complied with all ARPC guidance for PV consideration.

The applicant’s complete response, with attachments, is 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.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting promotion consideration to the Reserve grade of lieutenant colonel by Special Review Board.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number 01-02443 in Executive Session on 6 March 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member
	
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 August 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 18 September 2001.
   Exhibit D.  Letter, SAF/MIBR, dated 28 September 2001.
   Exhibit E.  Letter Applicant, dated 26 October 2001, w/atch.
   Exhibit F.  Letter, AFBCMR, dated 26 October 2001.
   Exhibit G.  Letter, Applicant, dated 25 January 2002, w/atchs.