RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00902
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of captain effective and with a date of rank (DOR) of 6 July 1999.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he checked on his promotion eligibility with his commander in 1999, he was told that 349th Air Wing (AW) policy required that members be on station for three years before they were considered eligible for promotion to captain.  He states that in 2000 his promotion package was denied for no reason and on further investigation, the 349th AW admitted to “dropping the ball” on his promotion eligibility. 

In support of his appeal, the applicant has submitted copies of performance reports, pertinent personnel data system products, decoration information and copies of several orders.

His complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned in the Air Force Reserve (AFRES), on 6 July 1995 as a 2nd lieutenant (0-1) after serving 22 years in the enlisted corps of AFRES.  He was promoted to 1st lieutenant (0-2) on 6 July 1997 and was promoted to captain on 1 October 2001 by the FY02 AFRES Captain Promotion Board.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPM states that due to his ineligibility at the time for mandatory promotion consideration they cannot recommend he be considered by a prior mandatory board. However, they note the applicant appeared to be eligible for position vacancy (PV) promotion at the time.  DPM recommends if the applicant can provide documentation showing his prior commander intended to nominate him for PV promotion, that he apply, through the AFBCMR, for a Special Selection Board (SSB).

DPM’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 May 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  They noted that it appeared the applicant met all the requirements for Position Vacancy (PV) promotion to captain and had he been able to provide evidence that his commander had nominated him, they would recommend the applicant be granted a Special Selection Board (SSB).  Unfortunately, he was not able to produce any such documentation.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-00902 in Executive Session on 3 February 2004, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Mar 03, w/atchs. 
    Exhibit B.  Letter, AFRC/DPM, dated 9 Apr 03.
    Exhibit C.  Letter, SAF/MRBR, dated 2 May 03.

                                                                      Panel Chair