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AF | BCMR | CY2004 | BC-2003-00902
Original file (BC-2003-00902.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00902
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of captain effective and with  a  date  of
rank (DOR) of 6 July 1999.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he checked on his promotion eligibility  with  his  commander  in
1999, he was told that  349th  Air  Wing  (AW)  policy  required  that
members be on station for three  years  before  they  were  considered
eligible for promotion  to  captain.   He  states  that  in  2000  his
promotion  package  was  denied  for  no   reason   and   on   further
investigation, the 349th AW admitted to “dropping  the  ball”  on  his
promotion eligibility.

In support of his  appeal,  the  applicant  has  submitted  copies  of
performance  reports,  pertinent  personnel  data   system   products,
decoration information and copies of several orders.

His complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned in the Air Force Reserve (AFRES), on 6 July
1995 as a 2nd lieutenant (0-1) after serving 22 years in the  enlisted
corps of AFRES.  He was promoted to 1st lieutenant  (0-2)  on  6  July
1997 and was promoted to captain on 1 October 2001 by the  FY02  AFRES
Captain Promotion Board.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPM states  that  due  to  his  ineligibility  at  the  time  for
mandatory  promotion  consideration  they  cannot  recommend   he   be
considered  by  a  prior  mandatory  board.  However,  they  note  the
applicant appeared to be eligible for position vacancy (PV)  promotion
at  the  time.   DPM  recommends  if   the   applicant   can   provide
documentation showing his prior commander intended to nominate him for
PV promotion, that  he  apply,  through  the  AFBCMR,  for  a  Special
Selection Board (SSB).

DPM’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2
May 2003 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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  They noted that it appeared the applicant  met
all the requirements for Position Vacancy (PV)  promotion  to  captain
and had he been able  to  provide  evidence  that  his  commander  had
nominated him, they would recommend the applicant be granted a Special
Selection Board (SSB).  Unfortunately, he was not able to produce  any
such documentation.  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 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 BC-
2003-00902  in  Executive  Session  on  3  February  2004,  under  the
provisions of AFI 36-2603:


      Ms. Charlene Bradley, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Martha Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Mar 03, w/atchs.
    Exhibit B.  Letter, AFRC/DPM, dated 9 Apr 03.
    Exhibit C.  Letter, SAF/MRBR, dated 2 May 03.




                                   CHARLENE BRADLEY
                                   Panel Chair

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