RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02656
            INDEX CODE:  131.03

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He receive supplemental promotion consideration for the Fiscal Year
2005  Line  and  Health  Professions  Lieutenant  Colonel  Position
Vacancy (PV) Promotion Selection Board.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an administrative oversight, his PRF was  not  received  for
consideration by the Lt Col position vacancy selection board  which
convened on 14 Jun 04,  resulting  in  him  not  being  considered.
Based on his Federal Express (FedEx) receipt, his PRF was  received
at HQ ARPC on 21 Apr 04, prior to the  30  Apr  04  suspense  date.
However, it was not received by the promotion board  section  until
after the board had convened.  The whereabouts  of  the  PRFs  from
21 Apr 04 - 14 Jun 04 are unknown.

In support of his appeal, applicant submitted a copy of his PRF for
the U0505A PV board; DD Form 1149, Requisition and Invoice/Shipping
Form; FedEx tracking information,  and  a  Memorandum  for  Record,
dated 18 Aug 04, from the  Chief,  Career  Enhancement,  indicating
applicant was one of two individuals who had their  PRFs  sent  via
FedEx priority overnight to HQ ARPC/DPBR2.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reserve officer, is currently serving in the grade
of major, with a  promotion  service  date  and  date  of  rank  of
1 Oct 98, as a Flight Commander.

The Fiscal Year 2005 (FY05) Line and Health Professions  Lieutenant
Colonel Position Vacancy  Promotion  Selection  Board  convened  at
HQ ARPC, Denver, Colorado, on 14 June 2004.  The FY05 board did not
consider applicant  because  his  PRF  had  not  been  received  by
ARPC/DPB prior to the convening of the selection board.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.  They
provided the following analysis of the case:

According to the applicant’s package, his PRF was sent by FedEx  to
HQ ARPC on 20 Apr 04.  It was received in Denver  (according  to  a
copy of the FEDEX tracker) on 21 Apr 04.

However, it was not delivered to ARPC/DPB  until  after  the  Board
convened.  The applicant could not have  met  the  promotion  board
because  his  nomination  (AF  Form  709)  was  not  received   for
processing either by the suspense date or prior to the convening of
the selection board.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 17 Sep 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice warranting favorable action  on
the applicant’s request.  In this regard, we note that  almost  two
months prior to the FY05  board  convening,  applicant’s  servicing
Military Personnel Flight (MPF)  forwarded  his  PRF  to  ARPC  via
FedEx.  A FedEx routing slip indicates the package was received  in
Denver on 21 April 2004; however, HQ ARPC/DPB indicates they  never
received applicant’s PRF prior to the convening of the  FY05  board
on 14  June  2004.   We  find  this  incredulous  in  view  of  the
indisputable evidence substantiating the package was received at HQ
ARPC prior to the board convening.  Based on this, we  believe  the
applicant has been the victim of an injustice and that he should be
considered for promotion to the grade of lieutenant  colonel  by  a
special review board.  Accordingly, we recommend that  the  records
be corrected as indicated below.

___________________________________________________________________





THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that  the  attached  AF
Form 709, Promotion Recommendation Form  (PRF),  prepared  for  the
Fiscal Year 2005 (FY05)  Line  and  Health  Professions  Lieutenant
Colonel  Position  Vacancy  (PV)  Promotion  Selection  Board,  was
accepted for file on 21 April 2004.

It is further recommended that his record, to include the  attached
AF Form 709, Promotion Recommendation Form, signed by  his  Colonel
XXXX, be considered  for  promotion  to  the  grade  of  lieutenant
colonel, 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  FY05  Line  and  Health
Professions Lieutenant Colonel PV Promotion 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 accordingly.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-02656 in Executive Session on 2 November  2004,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. James W. Russell III, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 9 Sep 04.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2004-02656




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 XXXXXXX, XXXXXXX, be corrected to show that the
attached AF Form 709, Promotion Recommendation Form (PRF), prepared
for the Fiscal Year 2005 (FY05) Line and Health Professions Lieutenant
Colonel Position Vacancy (PV) Promotion Selection Board, was accepted
for file on 21 April 2004.

      It is further directed that his record, to include the attached
AF Form 709, Promotion Recommendation Form, signed by his Colonel
XXXX, be considered for promotion to the grade of lieutenant colonel,
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 FY05 Line and Health Professions Lieutenant
Colonel PV Promotion 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 accordingly.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Attachment
PRF U0505A