RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02883
            INDEX CODE:  131.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of  lieutenant  colonel
by a special review board (SRB) for the FY05 Air Force Reserve Line
and Health Professions Lt Colonel Position Vacancy  (PV)  Selection
Board which convened on 14 June 2004.

___________________________________________________________________

APPLICANT CONTENDS THAT:

On 8 June 2004,  he  was  erroneously  removed  from  the  position
vacancy list of eligibles.  Position number #00739121L  was  vacant
and the commander’s intent to have him promoted was clearly  stated
on the AF Form 709, Promotion Recommendation  Form.   The  lack  of
coordination between HQ ARPC and the mission support flight is  now
hindering his promotion and causing undue hardship.

In support of his appeal, applicant submitted a copy of AF Form 709
prepared for the U0505A board; a copy of a unit  manning  document,
dated  29 June  2004;  email  correspondence  between   applicant’s
military personnel flight and HQ ARPC, and  AF  Form  330,  Records
Transmittal/Request, dated 19 April  2004,  forwarding  applicant’s
PRF to HQ ARPC.

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 October 1998, 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 it  was  determined  applicant  was  not
assigned to a higher graded position at the time of the board.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB reviewed this application and recommended denial.   The
primary requirement for the FY05 Line  and  Health  Professions  Lt
Colonel Position Vacancy Board was  that  the  officer  occupied  a
higher graded position and was the sole occupant of that  position.
By policy, this is defined as when the nomination  is  received  at
HQ ARPC.  If the nominee is not occupying  the  position  to  which
nominated,  DPB  will,  as  a  courtesy,  attempt  to  contact  the
appropriate  MPF  to  give  them  the  opportunity  to   make   any
corrections that would effect eligibility for the board.

The applicant was not assigned to a higher graded position when the
application was received and, until  11  August  2004  (nearly  two
months after the board adjourned), still did not  occupy  a  higher
graded position. A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and listed the  facts
related to the administrative discrepancy that caused  his  package
to be mistakenly removed from meeting the board.

Additionally, he disagrees with HQ ARPC/DPB’s opinion regarding the
eligibility  criteria  for  determining  a  vacant  higher   graded
position.

In  support  of  his  response,  applicant  provided   a   personal
statement;  a  letter  from  his  wing  commander,  and  letter  of
certification from the military personnel flight.

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________

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, the majority of the Board
notes the letter of support from the applicant’s wing commander  to
the promotion board, indicating that at no time  during  the  board
process were they notified of any discrepancy as to the applicant’s
eligibility for the board.  Based on  this,  the  majority  of  the
Board is convinced that it  was  the  commander’s  intent  for  the
applicant to be considered for a position vacancy promotion by  the
FY05 Air Force  Reserve  Line  and  Health  Professions  Lieutenant
Colonel Position Vacancy Selection  Board.   Therefore,  having  no
reason  to  question  the  facts  as  stated  by  the   applicant’s
commander, the majority of the Board does not believe the applicant
should be penalized  for  events  that  were  beyond  his  control.
Accordingly, the majority of the  Board  recommends  the  applicant
receive promotion consideration  by  a  special  review  board  for
promotion to the grade of lieutenant colonel.

___________________________________________________________________

THE BOARD MAJORITY RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  Competent authority  determined  that  he  was  occupying
Position  Number  00739121L,  DAFSC  11M3H,   and   Auth-Grade   of
lieutenant colonel, effective 19 April 2004.

      b.  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.

      c.  It is further recommended that his record, to include the
attached AF Form 709,  Promotion  Recommendation  Form,  signed  by
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-2004-02883 in Executive Session on 17 November 2004,  under  the
provisions of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Albert C. Ellett, Member

By a majority vote, the Board recommended granting the  applicant’s
request.  Ms. Boockholdt voted to deny the  request  but  does  not
wish to  submit  a  Minority  Report.   The  following  documentary
evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Sep 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPB, dated 21 Sep 04, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.
     Exhibit E.  Letter, Applicant, dated 19 Oct 04, w/atchs.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair



AFBCMR BC-2004-02883




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:

             a.  Competent  authority  determined   that   he   was
occupying Position Number 00739121L, DAFSC 11M3H, and Auth-Grade of
lieutenant colonel, effective 19 April 2004.

            b.  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.

            c.  It is further directed that his record, to  include
the attached AF Form 709, Promotion Recommendation Form, signed  by
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:
AF Form 709 - U0505A