RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00824
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major by a special review board (SRB) for the FY04 Line and Health Professions Major Position Vacancy (PV) Selection Board (U0404A).

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APPLICANT CONTENDS THAT:

He missed promotion opportunity on the Feb 03 Majors Position Vacancy Board U0404A due to administrative errors surrounding the tracking of his position vacancy promotion recommendation form (PV PRF) package through proper channels.  As a result his PV PRF package was not received by the Board until 24 Jan 03, and did not meet the 45-day suspense prior to the selection board’s deadline.

In support of his appeal, applicant submitted a copy of his AF Form 709, Promotion Recommendation; a copy of a memorandum from HQ ARPC/DPBA, undated, and a copy of memorandum from applicant’s flight commander to HQ ARPC, dated 17 Jan 03.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Based on available records, applicant was commissioned in the Reserve of the Air Force as a second lieutenant on 13 Jul 92.  His total federal commissioned service date/total years service date (TFCSD/TYSD) is 13 Jul 92.  He is currently serving in the grade of captain, having been promoted to that grade, effective 8 Oct 98.  

He was nominated but not considered for promotion by the FY04 Line and Health Professions Major Position Vacancy (PV) Selection Board, which convened on 3 Feb 03.  The applicant’s PRF, received on 24 Jan 03, 35 days after the published suspense date, was returned to his commander.

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AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They state that the applicant was nominated by his senior rater for promotion consideration by the FY04 Line and Health Professions Major Position Vacancy (PV) Selection Board, which convened at HQ ARPC 3 Feb 03.  However, the applicant’s PRF was received on 24 Jan 03 and was returned to his commander.  In accordance with AFI 36-2406, para 8.2.1.2, PRFs must arrive to HQ ARPC/DPB not later than 45 days prior to the selection board.  

ARPC Memorandum (ARPCM 02-12) announcing the convening of the selection board was released to all military personnel flights in the Air Force.  Contained in the memorandum were the requirements for promotion consideration, both mandatory and position vacancy.  It also clearly stipulated the deadline for submission of PRF’s nominating officers for PV consideration.  Requirements for submission of PV nominations were established and published four months prior to the suspense date.  The applicant’s PRF was received 35 days after the published suspense date, 10 days prior to the convening of the selection board.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 Apr 03 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice warranting favorable action on the applicant’s request.  In this regard, we noted the statement from the applicant’s flight commander to HQ ARPC, which the senior rater concurred with, indicating that the applicant’s position vacancy promotion recommendation form (PV PRF) package was completed in a timely manner, but for several reasons was not processed by the published suspense date, resulting in the applicant being denied an opportunity for promotion consideration.  Having no reason to question the facts as stated by the applicant’s commander, we do not believe the applicant should be penalized for events that were beyond his control.  Accordingly it is our opinion the applicant should receive promotion consideration by a special review board for promotion to the grade of major.  We note that the Air Force has indicated that the requirements for submission of PV nominations were established and published four months prior to the suspense date.  Nevertheless, based on the circumstances of this case and noting that the delay in processing the PV PRF package was due to no fault of the applicant, we recommend that 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, including the attached Promotion Recommendation Form (PRF), AF Form 709, be considered for promotion to the grade of major, Air Force Reserve, by a Special Review Board (SRB); that his record be evaluated in comparison with the records of officers who were and were not selected by the FY04 Line and Health Professions Major Position Vacancy (PV) Selection Board which convened on 3 February 2003; and if recommended for promotion by the SRB, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date so that all necessary and appropriate actions may be completed.

If he is not recommended for promotion by the SRB, the office of primary responsibility advise him accordingly.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00824 in Executive Session on 19 Jun 2003, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 18 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 27 Mar 03, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00824

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT including the attached Promotion Recommendation Form (PRF), AF Form 709, be considered for promotion to the grade of major, Air Force Reserve, by a Special Review Board (SRB); that his record be evaluated in comparison with the records of officers who were and were not selected by the FY04 Line and Health Professions Major Position Vacancy (PV) Selection Board which convened on 3 February 2003; and if recommended for promotion by the SRB, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date so that all necessary and appropriate actions may be completed.

	If he is not recommended for promotion by the SRB, the office of primary responsibility advise him accordingly.

		
		Director
		Air Force Review Boards Agency

Attachment:
AF Form 709, U0404A Board