RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02641
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His position number (007130530) be changed to position number  00713050  and
that be considered for a  Position  Vacancy  (PV)  promotion  by  a  Special
Review Board (SRB) for the Fiscal Year 2005 (FY05) Reserve of the Air  Force
(ResAF) Lieutenant Colonel PV Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record is in error given that he was  not  moved  within  the  personnel
system to position number  00713050  (Current  Operations  Action  Officer),
even after multiple requests from his organization.  He was recommended  for
a Position Vacancy promotion, but his file was not considered since  he  was
not placed in the position prior to the  cut  off  date  for  the  selection
board.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade  of
major.

The applicant was nominated for consideration by the FY05  Line  and  Health
Professions Lieutenant Colonel Position Vacancy (PV) Selection Board,  which
convened on 14 June 2004; however, it  appears  the  applicant  was  removed
from consideration because he was not in a higher graded position  ten  days
prior to the convening of the selection board.

_________________________________________________________________





AIR FORCE EVALUATION:

ARPC/DPB  recommended  denial.   They  indicated   a   nomination   for   PV
consideration  was  received  at  HQ  ARPC  by  the  suspense   date.    The
Eligibility Branch contacted the Military Personnel Flight (MPF)  to  notify
them the officer was not in a higher graded position, to allow them time  to
affect the position change, if they desired to complete  that  change.   The
initial eligibility requirement for PV consideration  is  the  officer  must
occupy a higher graded billet.  As of 4 June 2004, the applicant  was  still
assigned to a major position; the change to a  higher  graded  position  had
not occurred.  The applicant was removed  from  eligibility  on  this  date.
IAW AFI  36-2504,  Officer  Promotion,  Continuation,  and  Selective  Early
Removal in the Reserve of  the  Air  Force,  paragraph  2.9  NOTE:   Do  not
backdate a reassignment for promotion.  While the PRF contained  a  position
number designated as requiring a lieutenant colonel to accomplish  the  job,
the duty AFSC, duty title and job description shown on the PRF was  that  of
a major.  The  PRF  nominating  the  officer  did  not  reflect  information
concerning the higher graded position.   He  was  not  in  a  higher  graded
position ten days prior to the  selection  board  (and  35  days  after  the
suspense date for submission of nominations) and was therefore not  eligible
for  consideration.   The  PRF  used  to  nominate   was,   in   fact,   not
representative of a higher graded position, let alone  the  position  number
specified for promotion.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 September 2004, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or  an  injustice.   After  thoroughly  reviewing  the
applicant’s submission,  we  are  not  persuaded  the  applicant  should  be
provided SRB consideration for promotion to the Reserve grade of  lieutenant
colonel.  The applicant contends he was recommended for a  position  vacancy
promotion, but was not considered  for  promotion  by  the  FY05  Lieutenant
Colonel  Position  Vacancy   Promotion   Board.    A   nomination   for   PV
consideration was received at HQ ARPC by the  suspense  date;  however,  the
Board notes that an initial eligibility requirement for PV consideration  is
that the officer must occupy a higher graded position ten days prior to  the
convening of the selection board.  The FY05 Lieutenant Colonel PV  Selection
Board convened on 14 June 2004, however, as of 4 June  2004,  the  applicant
was still assigned to a major’s position, which  would  appear  to  indicate
the change to a higher graded position had  not  occurred.   Therefore,  the
applicant  was  removed  from  eligibility.   According  to   ARPC/DPB   the
applicant’s Military Personnel Flight was advised the applicant was  not  in
a higher graded position,  in  order  to  allow  them  time  to  affect  the
position change, if they desired to do so.  The Board is of the opinion  the
applicant’s rating chain could have  taken  corrective  action  if  they  so
desired.  The Board also notes the applicant  did  not  provide  letters  of
support  from  his  rating  chain  indicating  an  error  was  made  in  the
nomination process for PV.   The  Board  would  be  willing  to  review  his
request  for  possible  reconsideration  if  the  applicant’s  rating  chain
provides evidence that it was their specific intent to  have  the  applicant
moved to a higher graded position ten days prior to  the  selection  board’s
convening date.  Therefore, in the absence of evidence to the  contrary,  we
find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-
02641 in Executive Session on 4 November 2004, 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 12 August 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 22 September 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 24 September 2004.



                       ROBERT S. BOYD
                       Panel Chair