RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02656
		INDEX CODE:  131.03

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He receive supplemental promotion consideration for the Fiscal Year 2005 Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Promotion Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an administrative oversight, his PRF was not received for consideration by the Lt Col position vacancy selection board which convened on 14 Jun 04, resulting in him not being considered.  Based on his Federal Express (FedEx) receipt, his PRF was received at HQ ARPC on 21 Apr 04, prior to the 30 Apr 04 suspense date.  However, it was not received by the promotion board section until after the board had convened.  The whereabouts of the PRFs from 21 Apr 04 - 14 Jun 04 are unknown.  

In support of his appeal, applicant submitted a copy of his PRF for the U0505A PV board; DD Form 1149, Requisition and Invoice/Shipping Form; FedEx tracking information, and a Memorandum for Record, dated 18 Aug 04, from the Chief, Career Enhancement, indicating applicant was one of two individuals who had their PRFs sent via FedEx priority overnight to HQ ARPC/DPBR2.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reserve officer, is currently serving in the grade of major, with a promotion service date and date of rank of 1 Oct 98, as a Flight Commander.

The Fiscal Year 2005 (FY05) Line and Health Professions Lieutenant Colonel Position Vacancy Promotion Selection Board convened at HQ ARPC, Denver, Colorado, on 14 June 2004.  The FY05 board did not consider applicant because his PRF had not been received by ARPC/DPB prior to the convening of the selection board.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They provided the following analysis of the case:

According to the applicant’s package, his PRF was sent by FedEx to HQ ARPC on 20 Apr 04.  It was received in Denver (according to a copy of the FEDEX tracker) on 21 Apr 04.

However, it was not delivered to ARPC/DPB until after the Board convened.  The applicant could not have met the promotion board because his nomination (AF Form 709) was not received for processing either by the suspense date or prior to the convening of the selection board.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Sep 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 note that almost two months prior to the FY05 board convening, applicant’s servicing Military Personnel Flight (MPF) forwarded his PRF to ARPC via FedEx.  A FedEx routing slip indicates the package was received in Denver on 21 April 2004; however, HQ ARPC/DPB indicates they never received applicant’s PRF prior to the convening of the FY05 board on 14 June 2004.  We find this incredulous in view of the indisputable evidence substantiating the package was received at HQ ARPC prior to the board convening.  Based on this, we believe the applicant has been the victim of an injustice and that he should be considered for promotion to the grade of lieutenant colonel by a special review board.  Accordingly, we recommend that the records be corrected as indicated below. 

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the attached AF Form 709, Promotion Recommendation Form (PRF), prepared for the Fiscal Year 2005 (FY05) Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Promotion Selection Board, was accepted for file on 21 April 2004.

It is further recommended that his record, to include the attached AF Form 709, Promotion Recommendation Form, signed by his Colonel XXXX, be considered for promotion to the grade of lieutenant colonel, 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 FY05 Line and Health Professions Lieutenant Colonel PV Promotion 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 accordingly.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-02656 in Executive Session on 2 November 2004, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 18 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 9 Sep 04.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.

AFBCMR BC-2004-02656

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 XXXXXXX, XXXXXXX, be corrected to show that the attached AF Form 709, Promotion Recommendation Form (PRF), prepared for the Fiscal Year 2005 (FY05) Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Promotion Selection Board, was accepted for file on 21 April 2004.

	It is further directed that his record, to include the attached AF Form 709, Promotion Recommendation Form, signed by his Colonel XXXX, be considered for promotion to the grade of lieutenant colonel, 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 FY05 Line and Health Professions Lieutenant Colonel PV Promotion 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 accordingly.

		
Attachment
PRF U0505A