RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02641
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His position number (007130530) be changed to position number 00713050 and that be considered for a Position Vacancy (PV) promotion by a Special Review Board (SRB) for the Fiscal Year 2005 (FY05) Reserve of the Air Force (ResAF) Lieutenant Colonel PV Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record is in error given that he was not moved within the personnel system to position number xxxxxxxx (Current Operations Action Officer), even after multiple requests from his organization.  He was recommended for a Position Vacancy promotion, but his file was not considered since he was not placed in the position prior to the cut off date for the selection board.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of major.

The applicant was nominated for consideration by the FY05 Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Selection Board, which convened on 14 June 2004; however, it appears the applicant was removed from consideration because he was not in a higher graded position ten days prior to the convening of the selection board.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommended denial.  They indicated a nomination for PV consideration was received at HQ ARPC by the suspense date.  The Eligibility Branch contacted the Military Personnel Flight (MPF) to notify them the officer was not in a higher graded position, to allow them time to affect the position change, if they desired to complete that change.  The initial eligibility requirement for PV consideration is the officer must occupy a higher graded billet.  As of 4 June 2004, the applicant was still assigned to a major position; the change to a higher graded position had not occurred.  The applicant was removed from eligibility on this date.  IAW AFI 36-2504, Officer Promotion, Continuation, and Selective Early Removal in the Reserve of the Air Force, paragraph 2.9 NOTE:  Do not backdate a reassignment for promotion.  While the PRF contained a position number designated as requiring a lieutenant colonel to accomplish the job, the duty AFSC, duty title and job description shown on the PRF was that of a major.  The PRF nominating the officer did not reflect information concerning the higher graded position.  He was not in a higher graded position ten days prior to the selection board (and 35 days after the suspense date for submission of nominations) and was therefore not eligible for consideration.  The PRF used to nominate was, in fact, not representative of a higher graded position, let alone the position number specified for promotion.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 September 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 an error or an injustice.  After thoroughly reviewing the applicant’s submission, we are not persuaded the applicant should be provided SRB consideration for promotion to the Reserve grade of lieutenant colonel.  The applicant contends he was recommended for a position vacancy promotion, but was not considered for promotion by the FY05 Lieutenant Colonel Position Vacancy Promotion Board.  A nomination for PV consideration was received at HQ ARPC by the suspense date; however, the Board notes that an initial eligibility requirement for PV consideration is that the officer must occupy a higher graded position ten days prior to the convening of the selection board.  The FY05 Lieutenant Colonel PV Selection Board convened on 14 June 2004, however, as of 4 June 2004, the applicant was still assigned to a major’s position, which would appear to indicate the change to a higher graded position had not occurred.  Therefore, the applicant was removed from eligibility.  According to ARPC/DPB the applicant’s Military Personnel Flight was advised the applicant was not in a higher graded position, in order to allow them time to affect the position change, if they desired to do so.  The Board is of the opinion the applicant’s rating chain could have taken corrective action if they so desired.  The Board also notes the applicant did not provide letters of support from his rating chain indicating an error was made in the nomination process for PV.  The Board would be willing to review his request for possible reconsideration if the applicant’s rating chain provides evidence that it was their specific intent to have the applicant moved to a higher graded position ten days prior to the selection board’s convening date.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2004-02641 in Executive Session on 4 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 August 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 22 September 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 24 September 2004.