RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04097
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reconsidered for a position vacancy promotion to captain for the
Captain Promotion Board, Board ID U0503, which was held 4-6 June 2001.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During transfer from the Air National Guard to the Air Force Reserves
on 15 February 2001, there was a delay in records being updated
confirming eligibility and position. During the above mentioned board
he was eligible for promotion under position vacancy, but it was
unknown since no one notified the CENTCOM J1 of his section of his
availability. As his records indicate, he had 27 months TIG (time in
grade) and was in good status when the board convened. The position
he was assigned to has been funded since 1996 and his reporting
official notified him that he would have recommended him for promotion
at that time.
In support of the appeal, applicant submits a copy of his AF Form 709,
Promotion Recommendation, a copy of his Unit Manpower Document showing
position, paragraph, and line number, a copy of AF Form 1288,
Application for Ready Reserve Assignment, and a copy of Special Order
(ANG) AM-146 transferring him to Central Command which also includes
the paragraph and line number assigned.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserves in the
grade of First Lieutenant.
The manning documents from January 2002 and September 2002 provided by
the applicant, verify that he was placed in an authorized, funded
captain position in 2002, making him eligible for the U0303 captain
position vacancy selection board. He was, in fact, nominated and
selected by the U0303 board.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends denial. The order assigning the officer placed
him in a non-funded (pseudo 8) position. The manning documents
provided indicate the applicant was assigned to an authorized, funded
captain position a year after the board in question. There is nothing
in the applicant’s case to indicate an authorized funded position
existed at the time of the U0302 board.
The order releasing the applicant from the ANG and assigning him to US
CENTCOM listed his position number as 88888888, a pseudo assignment
when the position number is not known or not yet funded.
10 USC Section 14315 requires a nominated officer be assigned or
available to be assigned to a higher graded position in the same
competitive category. There appears to have been no valid,
authorized, funded position for the applicant to occupy. AFI 36-2504
Chapter 2 requires the officer to be assigned to the position prior to
nomination. If there is no position, a position vacancy nomination is
not authorized.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 December 2003, a copy of the Air Force evaluation was forwarded
to the applicant for review and response 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. After reviewing the evidence of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice. His contentions are
noted; however, in our opinion, the detailed comments provided by the
appropriate Air Force office adequately address those allegations.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. 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 this application, BC-
2003-04097, in Executive Session on 25 February 2004, under the
provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPB, dated 18 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
ROBERT S. BOYD
Panel Chair
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