RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01500
		INDEX CODE:  131.01, 107.00
	XXXXXXXXXXXX	COUNSEL: NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 NOV 2008

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APPLICANT REQUESTS THAT:

His original letter to the Board President, dated 3 February 2006, be filed in his Officer Selection Record (OSR) and he be given Special Selection Board (SSB) consideration for the Fiscal Year 2007 (FY07), FY08 and FY09, Line and Health Professions Selected Reserve Major Promotion Boards.

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APPLICANT CONTENDS THAT:

The letter he submitted to the FY07 major promotion board for inclusion in his OSR was not in his Master Personnel Record when he checked with the Air Reserve Personnel Center (ARPC) following the release of the FY08 board results.  He is not sure if his letter was included in his OSR for the FY07 major promotion board, since the board convening date was delayed.  The ARPC website states, letters to the promotion board would be filed in the master personnel records; however, after release of the FY08 promotion results he contacted the Promotion Board Secretariat and was informed that his personal letter to the Board was not in his master personnel record.  Subsequently, he questions whether it was filed in his MPR for consideration by the FY07 Board.  He believes the possibility exists the letter he submitted to the Board may have been misrouted due to the events that caused the Board to be delayed for an entire month. 

In support of his request, the applicant submitted a personal statement, two fax cover sheets regarding a letter to the promotion board, a copy of the letter to the Board President, dated 3 February 2006, and a copy of a snapshot of the Air Reserve Personnel Center web-site.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Reserve in the grade of captain with a date of rank of 28 May 2002.  

He was non-selected for promotion to the grade of major by the FY07 and FY08 Major Promotion Boards, which convened 6 March 2006 and 5 February 2007.  

The following is a resume of the applicant’s recent OPR profile:

	             PERIOD ENDINGS			OVERALL EVALUATION 

19 Jul 92                MEETS STANDARDS (MS)
19 Jul 93                       MS
18 Aug 04                       MS
	18 Aug 05                       MS
	18 Aug 06                       MS

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states in part, the applicant’s letter to the board was received and filed in his selection folder for the FY07 Major Promotion Board.  It was available to board members to use in their evaluation of his promotion potential during the FY07 board.  It was removed from his record following board adjournment.  He cites no error that could result in SSB consideration for either the FY07 or FY08 Promotion Boards.

DPBS keeps a record specifying name, SSN and type of letter received.  The letter was removed from his OSR and destroyed, per AFI 36-2504, Officer Promotion Continuation and Selective Early Removal in the Reserve of the Air Force, paragraph 4.7.3, following adjournment.  Any inquiry he made concerning the letter after the board adjourned would result in a negative response.  A letter to a promotion board exists only for that specific board.  He did not write a letter to the FY08 board.  There is no record that the applicant requested non-select counseling following either of his deferrals for promotion.  Had he requested this service, he could have been assured his letter to the board was received and he could have been provided information concerning what the selection board viewed and how his opportunity could be improved for future promotion boards.

The complete DPB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part that item 3.b of the ARPC/DPB letter, dated 21 June 2007, refers to AFI 36-2504, Officer Promotions, and the letter he submitted to the FY07 promotion board was removed and destroyed.  What was not addressed was the erroneous information provided on the ARPC website under the officer promotion section.  It was this website to which he was referred in order to submit his letter to the board.  The website states “copies of letters will be filed in the master personnel file after the boards adjourn.”  This website’s statement is what led him to conclude his letter to the FY07 board would be retained for the FY08 Major Selection Board.

He was not made aware of any non-select counseling service.  When he was not selected for promotion by the FY07 board, all that occurred was that he received a phone call from a colonel telling him that he was not selected and to contact the base career advisor.  The base career advisor assured him that everything that was required was submitted with his package.  He was not given instructions to contact a higher authority that could have provided more precise counseling regarding what may have been at fault and what actions he could have taken to correct his submission or improve his record.  The only feedback he received from ARPC regarding the major board was what he received prior to meeting the board the first time and regarding the submission of his letter.  He was instructed to remove from his letter the reference to the advanced degrees he earned.  He provided a letter from the career advisor’s office that states the new career advisor took over in May 2006, and that he was unaware of the difficulties the applicant had in the first meeting with the major selection board.  When he met with him prior to the second major selection board he assumed the package prepared by his predecessor was complete and without issue.  The career advisor was not able to provide him with any additional insight or counseling regarding what he needed to do to be better prepared to meet the second board.  He also had no one to mentor him with regard to preparing to meet the major promotion board.  He is from a military family and would like to continue his career.

The applicant’s response, with attachments, is at Exhibit E.

The applicant submits additional information and states in part, that he left active reserve status in mid-1993 and returned to active reserve status in mid 2003.  He realized a break in service was not looked upon kindly and feels compelled to explain the reasons for his break in service.  He then goes on to give a detailed description of his career.

The applicant’s additional response is at Exhibit F.

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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.  Applicant contends the possibility exists that his OSR that met the FY07 promotion board may not have been fairly assessed, because he cannot be certain it contained a personal letter he wrote to the Board.  In this regard, the Board notes the office of primary responsibility confirmed receipt of his letter, placed it in his OSR prior to the board convening date, and therefore no error or injustice occurred.  Concerning his contention the ARPC website contained erroneous instructions, the Board notes that per guidance contained in AFI 36-2504, a letter to the promotion board exists only for that specific board and his personal letter to the FY07 board was correctly removed and destroyed based on established procedures.  The applicant’s contentions are duly noted; however, we agree with the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice in this matter.  In the absence of persuasive evidence to the contrary, the majority of the Board finds 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 Docket Number BC-2007-01500 in Executive Session on 23 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 5 May 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Memo, ARPC/DPB, dated 21 Jun 07, w/atch.
	Exhibit D.	Letter, SAF/MRBR, dated 3 Jul 07.
	Exhibit E.	Letter, Applicant, dated 9 Jul 07.
	Exhibit F.	Letter, Applicant, dated 28 Jul 07.