RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00037
            INDEX CODE:  102.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

1. His date of rank to the grade of major in the Air Force  Reserve  (USAFR)
be changed from 21 July 2003 to 21 July 2002.

2. He be awarded participation points for fiscal year (FY) 2002.

3. Promotion  consideration  by  special  selection  board   for   promotion
consideration to the grade of lieutenant colonel for the board held 23  June
2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He lost 15 months  of  service  and  a  promotion  opportunity  due  to  the
inordinate amount of time it took to process his application for  return  to
duty.  He was able to complete all of his FY2003 points by the  end  of  the
FY.  He believes that he would have been eligible  to  meet  the  lieutenant
colonel promotion board if his DOR is changed as he requested.

In support of his request, the applicant submitted a personal statement  and
a copy of a letter from ARPC/DPAB.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant initiated AF Form 1288, Application for Ready Reserve  Assignment,
through his local Reserve recruiter on 16 November  2001.   Application  was
received on  9  September  2002,  however  all  required  documentation  for
processing the application was not received from the recruiting service  and
program manager staff until 25 November 2002.  Application was submitted  to
the Air Staff for Presidential appointment processing on  10  January  2003.
On 27 June 2003, the application was  approved  by  the  President  and  the
applicant was appointed to the grade of major in the USAFR on 21 July 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  ARPC/DPA  recommends  denial.   Applicant  was  appointed  appropriately
following Presidential authority  provided  on  27 June  2003.   It  is  not
reasonable to believe or to expect that  the  individual  application  would
have been processed for appointment by  21  April  2002,  in  light  of  his
physical not  being  completed  and  delivered  to  the  recruiter  until  6
February 2002.  This would not have allowed sufficient processing  time  for
staffing an application through Air Force, Department of Defense, and  White
House  channels  for  a  Presidential  appointment  as  a  Reserve  officer.
Applicant was not eligible for the promotion board held  on  23  June  2003.
Eligibility for promotion consideration required  an  appointment  effective
date of 21 June 2002, in  accordance  with  Air  Force  Instruction  36-250,
Officer Promotion, Continuation and Selective Early Removal in  the  Reserve
of the  Air  Force,  paragraph  2.4.1,  which  states  an  officer  must  be
currently  on  the  Reserve  Active  Status  List  (RASL),  when  the  board
convenes.  It further states that an officer must have been on the  RASL  or
the active duty (ADL) or a combination of these two lists for 1 year  before
the board convenes.

The DPA evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s states his first meeting with the  recruiter  was  in  early
August 2001.  He promised to get information  on  billets  within  the  next
week; the rationale was that he had access  to  more  information  than  the
applicant  did.   The  information  was  never  forwarded  to  him  and   he
researched and found a billet in  AFMC.   He  unsuccessfully  tried  to  set
meetings with the recruiter in an effort to complete  his  application,  but
that process took almost 3 weeks.  After meeting with  him  on  16  November
2001 to complete the application, the recruiter took a month and a  half  to
get a signature from AFMC.  He believes this delay cost  him  1½  months  of
retention.

His application was initiated on 16 November 2001, not 16 January 2001.   He
was able to have his physical completed within 2-3 weeks  after  being  told
of the requirement.  His application was lost  from  4  January  2002  to  9
September 2002. He attempted to track the application down once a month  and
contacted AFMC several times for updates.  In August 2002, he  was  informed
that the application never made  it  to  ARPC.   The  recruiter  mailed  the
package again and it was received  on  9  August  2002.   He  believes  this
sequence of events cost him 8 months of retention.  It took  the  recruiters
until 25 November 2002 to forward all documentation  to  ARPC.   This  delay
cost him another 2 ½ months  of  retention.   He  believes  his  application
should have been submitted in October 2001.  Add  8  months  for  processing
time, and appointment orders would have  been  dated  in  June  2002.   That
would have made him eligible to meet the June 2003 Lt Col  promotion  board.


In his letter to the board dated 30 December 2003,  he  requested  that  his
appointment date be backed up  15  months,  after  reviewing  it  again,  he
believes 12 months is the correct amount of time.

His complete submission, with attachments, is at Exhibit D.

_________________________________________________________________

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.   While  the  applicant  contends  that  he
submitted an application for a Ready Reserve Assignment to his recruiter  in
November 2001, evidence shows that  he  did  not  secure  a  position  until
January 2002.  Additionally, his required physical was not  completed  until
February 2002.  Therefore, the Board is of the opinion  that  the  applicant
was appointed appropriately  following  Presidential  authority  on  27 June
2003.  Based on this date of appointment, the applicant  did  not  meet  the
qualifications  that  would   have   made   him   eligible   for   promotion
consideration.  Therefore, 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.   In  the  absence  of  persuasive  evidence  to  the
contrary, we find no basis to recommend granting the relief sought  in  this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  Docket  Number  BC-2004-00037
in Executive Session on 30 March 2004, under the provisions of AFI 36-2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Martha J. Evans, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Dec 03, w/atchs.
    Exhibit B.  Letter, ARPC/DPA, dated 6 Feb 04.
    Exhibit C.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit D.  Letter, Applicant, dated 21 Feb 04, w/atchs.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair