RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02610
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His nonselection for promotion to the grade of major by the Fiscal Year 2005 (FY05) Line and Health Professions Major Selection Board be set aside, and he be reconsidered for promotion at a later date.

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APPLICANT CONTENDS THAT:

His caseload as a special agent with the Federal Bureau of Investigation (FBI) made it impossible for him to complete Squadron Officer School by correspondence prior to the convening of the board.  He is currently enrolled in SOS by correspondence and would like the opportunity to complete the course and compete for promotion at a later date.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving in the Air Force Reserve in the grade of captain, having been promoted to that grade on 9 Apr 96.  He is credited with nine years of satisfactory Federal service for retirement.

Applicant's OER/OPR profile since 1991 follows:

	PERIOD ENDING	EVALUATION

	12 Nov 91	Meets Standards
	12 Nov 92	Meets Standards
	12 Nov 93	Meets Standards
	12 Nov 94	Meets Standards
	12 Nov 95	Meets Standards
	12 Nov 96	Meets Standards
	25 Sep 97	No Report Required
   #	25 Sep 98	Meets Standards (NON-EAD)

# Top Report at the time he was considered and nonselected for promotion to the grade of major by the FY04 and FY05 Line and Health Professions Major Selection Boards.

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AIR FORCE EVALUATION:

ARPC/DPB recommended denial noting the applicant is an FBI agent and, therefore, is designated a “Key Federal Employee.”  This designation indicates his civilian position cannot be vacated in time of mobilization or national emergency without seriously impairing the capacity of the parent Federal agency.  He has been in this capacity since 26 Jun 01.  All FBI agents who are part of the military are so assigned and this does not change until they are no longer employed by the FBI.  

ARPC indicated the applicant has not had a satisfactory year of participation since his retirement year ending (RYE) 5 Mar 99.  This is a strong detractor when evaluating his record for promotion potential.  As he is not participating, his last OPR closed out on 25 Sep 98.  

According to ARPC, a separate option would be to offer the applicant the opportunity to obtain an assignment to the Inactive Status List Reserve Section (ISLRS) effective the date of his assignment as a Key Employee.  This would eliminate him from promotion consideration until either he changed civilian positions to enable him to participate again, or his record was screened from ISLRS and he was discharged.  Following an ISLRS discharge, he could, at a later date, apply for another commission once his civilian job situation changed.

A complete copy of the ARPC/DPB evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 3 Sep 04 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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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 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 (OPR) 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 sufficient evidence the applicant was not fairly and equitably considered for promotion to major, 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 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 BC-2004-02610 in Executive Session on 4 Nov 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Aug 04.
    Exhibit B.  Letter, ARPC/DPB, dated 30 Aug 04.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Sep 04.