RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-01688
            INDEX CODE 131.01
            COUNSEL:  None

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive consideration by a Special Review Board (SRB)  in  lieu  of
the Fiscal Year 2005 (FY05) Line and Health Professions Major Position
Vacancy (PV) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was submitted for promotion by the 624 RSG commander but was denied
an opportunity to be considered due  to  a  clerical  error.  The  624
RSG/DPM failed to process the promotion package.

The 624 RSG commander provides a supporting statement  confirming  she
did submit the applicant for promotion but discovered, after the board
results were released, that the package was never forwarded  from  624
RSG/DPM to HQ ARPC. She asserts the  error  was  totally  out  of  the
applicant’s control. She  includes  a  Promotion  Recommendation  Form
(PRF) for the FY05 Board with an overall recommendation of “Definitely
Promote.”

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reservist, is  currently  serving  in  the  grade  of
captain.  He was not considered by the FY05 Major PV selection board.

The Air Reserve Personnel Center Memorandum (ARPCM 03-13, dated 15 Sep
03) announcing the convening of the FY05 Major PV selection boards was
released to all Military Personnel Flights (MPFs) in  the  Air  Force.
Contained in the ARPCM are the requirements for both mandatory and  PV
promotion consideration.  The ARPCM also stipulates the  deadline  for
submission of PRFs nominating officers for PV consideration was 26 Dec
03.  Page 5 (“Milestones”), Item 5, shows “26 Dec 03 - PRFs nominating
officer for position vacancy promotions due to HQ ARPC/DPBA.”

HQ ARPC/DPB advises that on 27 Dec 03, all names were purged from  the
tentative eligibility list,  leaving  only  those  names  of  officers
submitted for PV nomination as “eligible” for consideration.  Any name
not on the resulting list is deemed not  eligible  for  consideration.
The applicant was date-of-rank (DOR) eligible for consideration by the
FY05 Major PV selection board, but his name did not appear on the list
of officers considered by this board.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  ARPC/DPB  advises  that  PV  consideration  is  not  a  right   or
entitlement conferred in law. No officer should  expect  consideration
simply because the officer meets any of the eligibility criteria.  The
applicant was not “denied” consideration; he was simply not nominated.
His name did not appear on the list of  officers  considered  by  this
board.  Sincere effort on the part of the  applicant  and  his  rating
chain should  have  been  expended  before  the  fact  to  ensure  the
nomination package arrived by the required deadline. Therefore, denial
is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 4 Jun 04 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 to warrant granting the  applicant
promotion  consideration  by  the  FY05  PV  selection   board.    The
applicant’s commander, and senior rater, asserts she submitted him for
promotion to major but discovered after the  board  results  that  his
package was never forwarded. She states this was not  the  applicant’s
fault and she supports his appeal. We have  no  reason  to  doubt  the
commander’s integrity  and  therefore  recommend  this  administrative
error be rectified by
granting the applicant SRB consideration for the FY05 Line and  Health
Professions Major PV Selection Board with  the  PRF  provided  by  the
senior rater.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be considered for promotion to the grade of major,  Air  Force
Reserve, by a Special Review Board (SRB), and his records  be  evaluated  in
comparison with the records of officers who were and were  not  selected  by
the Fiscal Year 2005 Line and  Health  Professions  Major  Position  Vacancy
Selection Board, 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 of the recommendation of the SRB.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 July 2004 under the provisions of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Michael J. Novel, Member
                 Mr. Robert S. Boyd, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-01688 was considered:

   Exhibit A.  DD Form 149, dated 3 May 04, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPB, dated 1 Jun 04, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 4 Jun 04.




                                   OLGA M. CRERAR
                                   Panel Chair



AFBCMR BC-2004-01688




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    , be considered for promotion to the grade of major, Air
Force Reserve, by a Special Review Board (SRB), and his records be
evaluated in comparison with the records of officers who were and were not
selected by the Fiscal Year 2005 Line and Health Professions Major Position
Vacancy Selection Board, 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 of the recommendation of the SRB.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

Attachment:
AF Form 709