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AF | BCMR | CY2004 | BC-2004-02610
Original file (BC-2004-02610.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02610
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His nonselection for promotion to the grade of  major  by  the  Fiscal
Year 2005 (FY05) Line and Health Professions Major Selection Board  be
set aside, and he be reconsidered for promotion at a later date.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  caseload  as  a  special  agent  with  the  Federal   Bureau   of
Investigation (FBI) made it impossible for him  to  complete  Squadron
Officer School by correspondence prior to the convening of the  board.
He is currently enrolled in SOS by correspondence and would  like  the
opportunity to complete the course and  compete  for  promotion  at  a
later date.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving in the Air  Force  Reserve  in
the grade of captain, having been promoted to that grade on 9 Apr  96.
He is credited with nine years of  satisfactory  Federal  service  for
retirement.

Applicant's OER/OPR profile since 1991 follows:

      PERIOD ENDING    EVALUATION

      12 Nov 91  Meets Standards
      12 Nov 92  Meets Standards
      12 Nov 93  Meets Standards
      12 Nov 94  Meets Standards
      12 Nov 95  Meets Standards
      12 Nov 96  Meets Standards
      25 Sep 97  No Report Required
   #  25 Sep 98  Meets Standards (NON-EAD)

# Top Report at  the  time  he  was  considered  and  nonselected  for
promotion to the grade of major by the FY04 and FY05 Line  and  Health
Professions Major Selection Boards.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommended denial noting the applicant is an FBI agent  and,
therefore, is designated a “Key Federal Employee.”   This  designation
indicates  his  civilian  position  cannot  be  vacated  in  time   of
mobilization or national emergency  without  seriously  impairing  the
capacity of the parent Federal agency.  He has been in  this  capacity
since 26 Jun 01.  All FBI agents who are part of the military  are  so
assigned and this does not change until they are no longer employed by
the FBI.

ARPC indicated the applicant  has  not  had  a  satisfactory  year  of
participation since his retirement year ending (RYE) 5 Mar  99.   This
is a  strong  detractor  when  evaluating  his  record  for  promotion
potential.  As he is not participating, his last OPR closed out on  25
Sep 98.

According to ARPC, a separate option would be to offer  the  applicant
the opportunity to obtain an assignment to the  Inactive  Status  List
Reserve Section (ISLRS) effective the date of his assignment as a  Key
Employee.  This would eliminate him from promotion consideration until
either he changed civilian positions  to  enable  him  to  participate
again, or his record was screened from ISLRS and  he  was  discharged.
Following an ISLRS discharge, he could, at a  later  date,  apply  for
another commission once his civilian job situation changed.

A complete copy of the ARPC/DPB evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 3 Sep
04 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit C).

_________________________________________________________________

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 (OPR) and adopt  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an  error  or  injustice.   Therefore,  in  the  absence  of
sufficient  evidence  the  applicant  was  not  fairly  and  equitably
considered for promotion to major, 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-
2004-02610 in Executive Session on 4 Nov 04, under the  provisions  of
AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. Garry G. Sauner, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Aug 04.
    Exhibit B.  Letter, ARPC/DPB, dated 30 Aug 04.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Sep 04.




                                   ROBERT S. BOYD
                                   Panel Chair

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