RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01559
		INDEX CODE:  131.00
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

She be considered by Special Selection Board (SSB) for promotion to the grade of major by the Fiscal Year 2005 (FY05) Line and Health Professions Major Position Vacancy (PV) Board.

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APPLICANT CONTENDS THAT:

Her commander submitted her for promotion to the Reserve grade of major but she was denied an opportunity to be considered because personnel failed to process her promotion package and forward it to HQ ARPC.  

In support of her request, applicant provided a copy of her Promotion Recommendation Form (PRF) and a statement provided by her commander.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 23 Feb 95.  She has been progressively promoted to the grade of captain, having assumed that grade effective and with a date of rank of 30 Sep 99.  She is currently assigned to the Ready Reserve in the grade of captain.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the applicant was date of rank (DOR) eligible for consideration by the FY05 Major PV Selection Board.  Position Vacancy consideration is not a right or entitlement.  No officer should expect consideration simply because eligibility criteria is met.  The ARPC Memorandum dated 15 Sep 03, announcing the convening of the board clearly stipulates the deadline for submission of PRFs nominating officers for PV consideration is 26 Dec 03.  No nomination was received for the applicant.  On 17 Dec 03, all names were purged from the tentative eligibility list, leaving only those officers submitted for PV nomination.  

The applicant was not denied consideration, she simply was not nominated.  Sincere effort on the part of the applicant and her rating chain should have been expended before-the-fact to ensure the nomination package arrived by the required deadline.  The 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 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 provided a statement indicating that she submitted her nomination for promotion to major but discovered after the board results that her package was never forwarded.  She states this was not the applicant’s fault and she supports her appeal. Having no reason to doubt the commander’s integrity in this matter we believe that favorable consideration of her request is warranted and recommend she be granted Special Review Board 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 her 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 she is not recommended for promotion by the SRB, the office of primary responsibility advise her of the recommendation of the SRB.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01559 in Executive Session on 27 Jul 04, 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 9 May 04, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 1 Jun 04, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Jun 04.

AFBCMR BC-2004-01559

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 APPLICANT, be considered for promotion to the grade of major, Air Force Reserve, by a Special Review Board and her 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 Special Review Board, 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 she is not recommended for promotion by the Special Review Board, the office of primary responsibility advise her of the recommendation of the Special Review Board.