RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00824
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major by  a  special
review board (SRB) for the FY04 Line and Health  Professions  Major
Position Vacancy (PV) Selection Board (U0404A).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He missed promotion opportunity  on  the  Feb  03  Majors  Position
Vacancy Board U0404A due to administrative errors  surrounding  the
tracking of his  position  vacancy  promotion  recommendation  form
(PV PRF) package through proper channels.  As a result his  PV  PRF
package was not received by the Board until 24 Jan 03, and did  not
meet the 45-day suspense prior to the selection board’s deadline.

In support of his appeal, applicant submitted a copy of his AF Form
709,  Promotion  Recommendation;  a  copy  of  a  memorandum   from
HQ ARPC/DPBA, undated, and a copy of  memorandum  from  applicant’s
flight commander to HQ ARPC, dated 17 Jan 03.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Based on available  records,  applicant  was  commissioned  in  the
Reserve of the Air Force as a second lieutenant on 13 Jul 92.   His
total federal commissioned service date/total  years  service  date
(TFCSD/TYSD) is 13 Jul 92.  He is currently serving in the grade of
captain, having been promoted to that grade, effective 8 Oct 98.

He was nominated but not considered for promotion by the FY04  Line
and Health Professions Major Position Vacancy (PV) Selection Board,
which convened on 3 Feb 03.  The applicant’s PRF,  received  on  24
Jan 03, 35 days after the published suspense date, was returned  to
his commander.

___________________________________________________________________




AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They
state that the applicant was nominated  by  his  senior  rater  for
promotion consideration by the FY04  Line  and  Health  Professions
Major Position Vacancy (PV)  Selection  Board,  which  convened  at
HQ ARPC 3 Feb 03.  However, the applicant’s  PRF  was  received  on
24 Jan 03 and was returned to his commander.   In  accordance  with
AFI 36-2406, para 8.2.1.2, PRFs  must  arrive  to  HQ ARPC/DPB  not
later than 45 days prior to the selection board.

ARPC Memorandum (ARPCM  02-12)  announcing  the  convening  of  the
selection board was released to all military personnel  flights  in
the Air Force.  Contained in the memorandum were  the  requirements
for promotion consideration, both mandatory and  position  vacancy.
It also clearly stipulated the deadline  for  submission  of  PRF’s
nominating  officers  for  PV  consideration.    Requirements   for
submission  of  PV  nominations  were  established  and   published
four months prior to the suspense date.  The  applicant’s  PRF  was
received 35 days after the published suspense date, 10  days  prior
to the convening of the selection board.

A complete copy of the evaluation, with attachments, is at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 4 Apr 03 for review and comment within  30  days.   As  of  this
date, no response has been received by this office.

___________________________________________________________________

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  noted  the  statement
from the applicant’s flight commander to HQ ARPC, which the  senior
rater concurred with,  indicating  that  the  applicant’s  position
vacancy  promotion  recommendation  form  (PV  PRF)   package   was
completed in a timely manner,  but  for  several  reasons  was  not
processed  by  the  published  suspense  date,  resulting  in   the
applicant being denied an opportunity for promotion  consideration.
Having no reason to question the facts as stated by the applicant’s
commander, we do not believe the applicant should be penalized  for
events that were beyond his control.  Accordingly it is our opinion
the applicant should receive promotion consideration by  a  special
review board for promotion to the grade of major.  We note that the
Air Force has indicated that the requirements for submission of  PV
nominations were established and published four months prior to the
suspense date.  Nevertheless, based on the  circumstances  of  this
case and noting that the delay in processing the PV PRF package was
due to no fault of the applicant, we recommend that his records  be
corrected to the extent indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating   to   APPLICANT,   including   the   attached   Promotion
Recommendation Form (PRF), AF Form 709, be considered for promotion
to the grade of major, Air Force Reserve, by a Special Review Board
(SRB); that his record be evaluated in comparison with the  records
of officers who were and were not selected by  the  FY04  Line  and
Health Professions Major  Position  Vacancy  (PV)  Selection  Board
which convened on 3 February 2003; 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-2003-00824 in Executive  Session  on  19  Jun  2003,  under  the
provisions of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. David W. Mulgrew, Member
                 Mr. Vaughn E. Schlunz, Member

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

     Exhibit A.  DD Form 149, dated 18 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 27 Mar 03, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 03.




                                   OLGA M. CRERAR
                                   Panel Chair



AFBCMR BC-2003-00824




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 including the attached Promotion
Recommendation Form (PRF), AF Form 709, be considered for promotion
to the grade of major, Air Force Reserve, by a Special Review Board
(SRB); that his record be evaluated in comparison with the records
of officers who were and were not selected by the FY04 Line and
Health Professions Major Position Vacancy (PV) Selection Board
which convened on 3 February 2003; 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.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment:
AF Form 709, U0404A Board