RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02443
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for position vacancy (PV) promotion  by  a  Special  Review
Board (SRB) for the Fiscal Year 2002B  (FY02B)  Reserve  of  the  Air  Force
(ResAF) Lieutenant Colonel PV Board.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Due to MILMOD/Reserve Management Vacancy System (RMVS) problems, over  which
he had no control, he was not considered  for  PV  promotion  by  the  FY02B
board.

The applicant states that the FY02B board never considered his AF Form  709,
Promotion Recommendation, because the  position  was  not  authorized  at  a
higher grade than his current grade.  While the  position  upgrade  approval
letter (from the Deputy Chief of the Air Force  Reserve)  and  a  Historical
Change Notice by the 11th Wing manpower shop was  submitted,  none  of  this
information  was  reviewed  when  his   record   was   pulled   from   board
consideration.   Apparently,  the  only  information  considered   in   this
decision was out-of-date information loaded  into  the  Air  Force  manpower
system.  Inaccurate information due to MILMOD/RMVS related problems.

In support of the appeal, applicant submits a personal statement,  U-920/DA-
RMO package, dated 10 January 2001,  USAF/ILEXX,  letter,  dated  21  August
2001, USAF/RE, letter, dated 24 May 2001, and other documentation.

Applicant’s complete submission, with attachments, is 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 (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommended denial.  They  indicate  that  the  applicant’s  senior
rater nominated him for a position vacancy (PV) promotion  consideration  by
the FY02 Line and Health Professions  Lieutenant  Colonel  Position  Vacancy
Promotion Selection Board.  When  the  application  package  arrived  at  HQ
ARPC, the position for which  the  applicant  was  nominated  was  a  valid,
funded major’s billet.  AFI 36-2504, Officer  Promotion,  Continuation,  and
Selective Early Removal in the Reserve of the Air Force,  paragraph  2.7.2.2
states:  “The position must  be  authorized  at  a  higher  grade  than  the
nominee’s current grade.”  A further  requirement  is  for  the  applicant’s
nomination package to arrive at HQ ARPC/DPBA 45 days prior to the  convening
of the selection board  (AFI  36-2406).   When  received  at  HQ  ARPC,  the
package is to be complete and accurate.  When the  applicant’s  package  was
received,  it  was  neither  complete  nor  accurate.   By  the  applicant’s
attachments, the upgrade to the position occupied was approved 24  May  2001
(four business days prior to the selection board) and not  updated  to  RMVS
until 31 May 2001 (the day before  the  board).   Submission  date  for  all
Position Vacancy nominations was due to HQ ARPC by 21 April 2001.

MILMOD, or previously the Personnel Data System (PDS), is not  and  has  not
been  used  to  verify  positions,  grade   of   nominated   positions,   or
availability of vacancies.  Reserve Management Vacancy System (RMVS) is  the
only verification tool used, as it is the  system  used  to  manage  Reserve
positions (assignments).  Its  data  “feeds”  MILMOD  and  previously,  PDS.
With the time difference between RMVS update and MILMOD (PDS),  it  is  more
accurate and  up-to-date.   The  applicant  did  not  meet  the  eligibility
requirement of occupying  a  valid,  funded,  higher  graded  position  when
nominated.  By the applicant’s own AFBCMR application, the position did  not
become a valid, funded lieutenant colonel position until 31 May  200,  [SIC]
40 days after the submission date.   The  applicant  was  not  eligible  for
consideration.

The Air Force evaluation is at Exhibit C.

_________________________________________________________________




APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he occupied a valid  lieutenant  colonel  position
at the time the FY02  Reserve Line lieutenant Colonel Board convened.   ARPC
common practice was to consider officers  whose  submissions  were  upgraded
subsequent to the PRF due date, but prior to the board convening date.   The
ARPC standard operating procedure, to confirm billet  eligibility  with  the
member’s Military Personnel Flight (MPF) when in doubt, although offered  to
other PV promotion candidates, was not applied in his  case,  thus  creating
an administrative/procedural error.  His senior  rater  provided  a  PRF  in
accordance with stated ARPC guidance.  Unusual  Congressional  circumstances
delayed the approval of his billet upgraded beyond the PRF submission  date,
causing an additional 2-3 month delay in normal processing time  while  data
system failures (compounded by human error) precluded the timely  update  of
his position in both the manpower and  personnel  data  systems.   There  is
room for confusion/interpretation between AFI’s 36-2406 and  36-2504.   Both
his command and MPF complied with all ARPC guidance for PV consideration.

The applicant’s complete response, with attachments, 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice warranting promotion  consideration
to the Reserve grade of lieutenant colonel  by  Special  Review  Board.   We
took notice of the applicant's complete submission in judging the merits  of
the case; however, we agree with the opinions  and  recommendations  of  the
Air Force and adopt their rationale as the basis  for  our  conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

________________________________________________________________





THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  01-02443
in Executive Session on 6 March 2002, under the provisions of AFI 36-2603:

              Mr. Frederick R. Beaman III, Panel Chair
              Mr. James W. Russell III, Member
              Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 August 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 18 September 2001.
   Exhibit D.  Letter, SAF/MIBR, dated 28 September 2001.
   Exhibit E.  Letter Applicant, dated 26 October 2001, w/atch.
   Exhibit F.  Letter, AFBCMR, dated 26 October 2001.
   Exhibit G.  Letter, Applicant, dated 25 January 2002, w/atchs.





                                FREDERICK R. BEAMAN III
                                Panel Chair