RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02383
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered for position vacancy (PV) promotion by  a  Special  Review
Board (SRB) for the Fiscal  Year  2002  (FY02)  Reserve  of  the  Air  Force
(ResAF) Captain PV Board.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

It was unfair and unjust that her Promotion Recommendation  Form  (PRF)  was
not accepted by Board Secretariat  for  PV  consideration  since  the  Board
Secretariat personnel were aware that  a  PRF  was  being  prepared  by  her
organization for submission after the 45-day deadline,  and  never  informed
the organization that it would not be considered.

The applicant states that she is an Individual Mobilization Augmentee  (IMA)
assigned to the National Air Intelligence Center  (NAIC)  and  was  eligible
for PV consideration for promotion to the grade of captain during  the  FY02
board.  She  was  already  encumbering  a  captain’s  billet  and  NAIC  had
submitted  a  PRF  to  the  Air  Reserve   Personnel   Center   (ARPC)   for
consideration.   The  NAIC  Reserve  Program  Manager  had  been   regularly
communicating with the Board Secretariat personnel regarding the  status  of
her PRF and at no  time  did  they  ever  indicate  the  PRF  would  not  be
considered.  However, after the board had concluded  the  PRF  was  returned
and  ARPC  indicated  that  her  records  had  not  been  submitted  for  PV
consideration.  In the past PV PRFs were submitted up  until  the  date  the
board convened.

In support of the appeal, applicant submits a  copy  of  her  PRF  that  was
prepared for the  FY02  board,  and  statements  from  the  wing  and  group
commanders and the senior rater.

Applicant’s complete submission is attached at Exhibit A.

________________________________________________________________


STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB reviewed this application and recommended denial.  They state  that
the eligibility processing of each individual  nominated  for  PV  promotion
begins when the appropriate PRF  is  received  from  the  nominating  senior
rater.   This  requires  verifying  participation,  assignment,   grade   of
position for which nominated, time  in  grade,  time  on  active  duty  list
and/or Reserve Active Status List, actual vacancies available,  the  nominee
is the incumbent to the position (not an overage) the unit/organization  has
funding for the position through at least one year after  the  convening  of
the selection board, and that the unit is  not  scheduled  for  deactivation
within one year of the board convening date.  This verification  process  is
time consuming and exacting.  Any amount of time less than  45  days  allows
for errors and further injustices to  both  the  selection  boards  and  the
members.  The PRF submission date is very clear and published ahead of  time
in both the Air Force  Instruction  (AFI)  and  the  Air  Reserve  Personnel
Center Manual (ARPCM).  There is no question as to how many days before  the
convening date of a  selection  board  or  even  the  precise  date  of  the
suspense.  There is no way to go back to June  2001  and  establish  whether
the applicant actually  met  the  eligibility  criteria  for  the  selection
board.

The Air Force evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states  that  there  was
constant on-going communications with ARPC regarding the status of  the  PRF
and there was never any mention that the PRF  would  not  be  accepted,  nor
that she would not be  considered,  due  to  the  time  constraints  of  the
applicable AFI.  An unsigned copy of the PRF was available both  45  and  30
days prior to the board convening; however, no one at ARPC insisted  that  a
draft copy be sent.  Once the signed copy of the PRF was completed,  it  was
immediately faxed to ARPC.

The applicant’s complete response is at Exhibit E.

________________________________________________________________

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 probable error or injustice.  In this  respect,  we  note  that
the governing Air Force Instruction (AFI) requires that  PRFs  be  submitted
45 days prior to the convening of Position Vacancy  (PV)  selection  boards.
However, it appears that  ARPC  was  allowing  submissions  of  PRFs  to  be
submitted  late.   Due  to  the  time  required  to  verify   an   officer’s
eligibility for consideration, ARPC now follows their  instruction  and  any
PRF received late,  the  officer  is  not  considered  for  promotion.   The
evidence before this Board reveals that the  applicant’s  chain  of  command
had contacted ARPC on several occasions concerning  the  submission  of  the
PRF and these individuals were not informed that the PRF had to be  received
45 days before the convening of the selection board.  We  believe  that  the
Air Force should have informed the applicant’s Reserve Program Manager  that
if the PRF was  not  received  within  45  days  of  the  convening  of  the
selection board, the applicant would not be considered  for  promotion.   In
view of the above and to offset any possibility of an injustice, we  believe
that the applicant’s record, to include a  PRF,  should  be  considered  for
promotion to the Reserve grade of captain by Special Review  Board  for  the
FY02 Captain PV selection board.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, to include the  attached  Promotion  Recommendation  Form,  AF
Form 709, be considered for promotion to the Reserve grade of captain  by  a
Special Review Board (SRB); that her record be evaluated in comparison  with
the records of officers who were and were not selected by  the  Fiscal  Year
2002 Air Force Reserve Captain Position Vacancy Selection Board; and if  she
is recommended for promotion by 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.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 November 2001, under the provisions of AFI 36-2603:

            Mr. David C. Van Gasbeck, Panel Chair
            Ms. Patricia D. Vestal, Member
            Mr. Mike Novel, Member

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

   Exhibit A. DD Form 149, dated 3 August 2001, w/atchs.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, ARPC/DPB, dated 7 September 2001, w/atchs.
   Exhibit D. Letter, SAF/MIBR, dated 14 September 2001.
   Exhibit E. Letter, Applicant, dated 8 October 2001.




                 DAVID C. VAN GASBECK
                 Panel Chair




AFBCMR 01-02383





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, to include the attached Promotion
Recommendation Form, AF Form 709, be considered for promotion to the
Reserve grade of captain by a Special Review Board (SRB); that her
record be evaluated in comparison with the records of officers who
were and were not selected by the Fiscal Year 2002 Air Force Reserve
Captain Position Vacancy Selection Board; and if she is recommended
for promotion by 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.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment:
Promotion Recommendation Form (PRF)