RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-01688
		INDEX CODE 131.01
	 	COUNSEL:  None
 
		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

He receive consideration by a Special Review Board (SRB) in lieu of the Fiscal Year 2005 (FY05) Line and Health Professions Major Position Vacancy (PV) Selection Board.

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APPLICANT CONTENDS THAT:

He was submitted for promotion by the 624 RSG commander but was denied an opportunity to be considered due to a clerical error. The 624 RSG/DPM failed to process the promotion package. 

The 624 RSG commander provides a supporting statement confirming she did submit the applicant for promotion but discovered, after the board results were released, that the package was never forwarded from 624 RSG/DPM to HQ ARPC. She asserts the error was totally out of the applicant’s control. She includes a Promotion Recommendation Form (PRF) for the FY05 Board with an overall recommendation of “Definitely Promote.”

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

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STATEMENT OF FACTS:

The applicant, a Reservist, is currently serving in the grade of captain.  He was not considered by the FY05 Major PV selection board.

The Air Reserve Personnel Center Memorandum (ARPCM 03-13, dated 15 Sep 03) announcing the convening of the FY05 Major PV selection boards was released to all Military Personnel Flights (MPFs) in the Air Force. Contained in the ARPCM are the requirements for both mandatory and PV promotion consideration.  The ARPCM also stipulates the deadline for submission of PRFs nominating officers for PV consideration was 26 Dec 03.  Page 5 (“Milestones”), Item 5, shows “26 Dec 03 - PRFs nominating officer for position vacancy promotions due to HQ ARPC/DPBA.” 

HQ ARPC/DPB advises that on 27 Dec 03, all names were purged from the tentative eligibility list, leaving only those names of officers submitted for PV nomination as “eligible” for consideration.  Any name not on the resulting list is deemed not eligible for consideration. The applicant was date-of-rank (DOR) eligible for consideration by the FY05 Major PV selection board, but his name did not appear on the list of officers considered by this board.   

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AIR FORCE EVALUATION:

HQ ARPC/DPB advises that PV consideration is not a right or entitlement conferred in law. No officer should expect consideration simply because the officer meets any of the eligibility criteria. The applicant was not “denied” consideration; he was simply not nominated. His name did not appear on the list of officers considered by this board.  Sincere effort on the part of the applicant and his rating chain should have been expended before the fact to ensure the nomination package arrived by the required deadline. Therefore, denial is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 4 Jun 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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 to warrant granting the applicant promotion consideration by the FY05 PV selection board.  The applicant’s commander, and senior rater, asserts she submitted him for promotion to major but discovered after the board results that his package was never forwarded. She states this was not the applicant’s fault and she supports his appeal. We have no reason to doubt the commander’s integrity and therefore recommend this administrative error be rectified by 
granting the applicant SRB consideration for the FY05 Line and Health Professions Major PV Selection Board with the PRF provided by the senior rater.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be considered for promotion to the grade of major, Air Force Reserve, by a Special Review Board (SRB), and his records be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 2005 Line and Health Professions Major Position Vacancy Selection Board, 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 of the recommendation of the SRB.

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The following members of the Board considered this application in Executive Session on 14 July 2004 under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2004-01688 was considered:

   Exhibit A.  DD Form 149, dated 3 May 04, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPB, dated 1 Jun 04, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 4 Jun 04.

AFBCMR BC-2004-01688

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    , be considered for promotion to the grade of major, Air Force Reserve, by a Special Review Board (SRB), and his records be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 2005 Line and Health Professions Major Position Vacancy Selection Board, 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 of the recommendation of the SRB.

Attachment:
AF Form 709