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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