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AF | BCMR | CY2004 | BC-2004-00791
Original file (BC-2004-00791.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00791
            INDEX CODE:  131.00
            COUNSEL:  NONE

      94    HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of major  by  Special  Selection
Board (SSB) for the Fiscal Year 2005 (U0405A) Line  and  Health  Professions
Major Position Vacancy (PV) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Promotion Recommendation Form (PRF) did not reach  the  Selection  Board
Secretariat in time to be considered for  promotion  by  the  U0405A  board.
His PRF was signed by his senior rater on 2 Feb 04 but was not faxed to  the
board until 10 Feb 04.  The delay was due to  administrative  errors  beyond
his control and is unjust to him.

In support of his  request,  applicant  provided  a  personal  statement,  a
statement from his senior rater, and  a  copy  of  his  PRF.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the  Air  Force,  on
12 Sep 93.  He has been progressively promoted  to  the  grade  of  captain,
effective and with a date of rank of 1 Oct 99.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states  the  applicant  was  date  of  rank
eligible for the U0405A PV board.  ARPCM 03-13, dated  15  Sep  03,  clearly
states all PV nominations (PRFs) were due to HQ ARPC not later than  26  Dec
03.  The ARPCM states that after 26 Dec 03, the  eligibility  listings  will
be edited and only those PRFs received represent a  valid  eligible  for  PV
consideration.  All other officers are ineligible.  The  applicant  provided
a letter from his senior rater dated 2 Feb 04 explaining  why  the  PRF  was
prepared and submitted late.  The PRF was faxed to HQ ARPC on 10 Feb 04,  46
days after the suspense date and the  day  following  the  board  convening.
The DPB evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that extenuating circumstances existed  at  both  the  wing
and squadron levels that  prevented  timely  submission  of  his  PRF.   The
established practice is for the wing to notify via email both the  commander
and the Air  Reserve  Technician  (ART)  of  those  eligible  for  promotion
consideration.   However,  the  MPF  only  notified  the   commander.    The
commander was experiencing email difficulties and  was  unable  to  retrieve
messages and no action was taken until the  situation  became  known  during
the January Unit Training Assembly.  They were informed that they had  until
the convening of the board to get the PRF to ARPC.  The PRF was prepared  on
25 Jan 04.  Because of weather closings and delayed openings,  the  PRF  was
signed on 2 Feb 04.   In  the  wing  commander's  letter,  he  confirms  the
aforementioned  and  attests  to  the  fact  that  the  applicant  was   not
responsible for the delay in his PRF reaching the board.

In  support  of  his  request,  applicant  provided  a  personal  statement,
memorandums from the wing commander, email communiqués, and a  copy  of  his
PRF.  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.  We find no evidence of an  error  in  this
case and after a thorough review of the applicant’s submission,  we  do  not
believe he has been the victim  of  an  injustice.   In  this  respect,  the
announcement of the upcoming promotion board and  nomination  suspense  date
was released in September  2003.   The  established  suspense  date  for  PV
nominations was 26 Dec  03.   The  statements  provided  by  the  applicants
rating chain are  duly  noted;  however,  we  are  not  persuaded  that  the
circumstances described prevented them from submitting  the  nomination  for
the PV promotion in a timely manner.  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  compelling  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  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 AFBCMR Docket Number  BC-2004-
00791 in Executive Session on 16 Jun 04, under the  provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Michael J. Novel, Member
      Mr. Olga M. Crerar, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Feb 04, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 28 Apr 04, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 30 Apr 04.
    Exhibit D.  Letter, Applicant, dated 20 May 04, w/atchs.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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