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AF | BCMR | CY2004 | BC-2004-03005
Original file (BC-2004-03005.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-03005
            INDEX CODE:  131.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Special Selection Board (SSB) consideration by  the  Fiscal
Year (FY) 2005 Lieutenant  Colonel  (Lt  Col)  Position  Vacancy  (PV)
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Promotion Recommendation Form (PRF) was  inadvertently  misplaced,
or dropped out of the total packages submitted subsequently  resulting
in his PRF never making it to the promotion board.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a Reservist, is currently serving in the Reserve  grade
of major, with a date of rank of 14 July 1999.  There is no indication
in the available records to reflect he was considered by the  FY  2005
Lieutenant Colonel Position Vacancy (PV) Board.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB states the applicant’s PRF for promotion consideration for
a PV promotion was not received by HQ ARPC.  The  PRF  is  the  single
source for nomination of an officer for a PV promotion  consideration.
Without a nomination, the record is not  eligible  for  promotion.   A
position vacancy nomination is not a right or  entitlement  under  the
law, conferred on any officer.  It is a force management tool that  is
available to senior leadership;  however,  senior  leadership  is  not
required to use this tool.  Furthermore, there is no  indication  that
anyone at the Military Personnel Flight (MPF) or anyone within the
applicant’s chain-of-command, made any attempt to  ensure  his  record
was prepared for the board or was actually going to be  considered  by
the board.  They further  state  an  after-the-fact  submission  of  a
nomination does not entitle any officer to an  appeal  for  originally
not meeting the board on time.  They recommend the requested relief be
denied.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states  he  submitted  letters  from  the  current  Wing
Commander and his former Group Commander supporting the  fact  it  was
the intention of the Wing and the Group to have his promotion  package
submitted in time for the  FY05  Lt  Col  Position  Vacancy  Promotion
Board.  He believes these letters clearly support  the  intentions  of
the Wing and the Group to have his package reconsidered based  on  the
extenuating circumstances.

The Wing and Group were surprised and disappointed when his  name  did
not appear on either the promote or non-promote list.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The applicant 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 and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  The letters submitted with the application are
duly noted; however, neither  individual  explained  what  steps  were
taken to ensure the applicant’s promotion recommendation  package  was
properly prepared for consideration by the position vacancy  promotion
board.  It is noted there is no supporting letter from the applicant’s
senior rater indicating his intent that the applicant be considered by
the FY 2005 Position Vacancy  Board.   Should  the  applicant  provide
documentation from Brigadier General J. regarding his intentions, this
Board  would  be  willing  to  review  the  materials   for   possible
reconsideration. Therefore, in view of
the foregoing, the Board finds  no  compelling  basis  upon  which  to
recommend the requested relief.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-03005  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 26 Aug 04, w/atchs.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, HQ ARPC/DPB, dated 30 Sep 04.
   Exhibit D. Letter, SAF/MRBR, dated 1 Oct 04.
   Exhibit E. Letter, Applicant, dated 5 Oct 04.




                                        ROBERT S. BOYD
                                        Panel Chair

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