RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02947
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of lieutenant colonel by a
Special Review Board for the Fiscal Year 2005 (FY05) Line  and  Health
Professions  Lieutenant  Colonel  Position  Vacancy   (PV)   Promotion
Selection Board.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His Promotion Recommendation Form (PRF), AF Form 709, was completed by
his senior rater recommending promotion and submitted to the Air Force
Reserve Personnel Center (ARPC) for  consideration  by  the  selection
board.  However, the office of primary responsibility did not consider
him for promotion, stating they did not receive the PRF prior  to  the
board convening date.

In support of his request, the applicant submits the PRF prepared  for
the  FY05   (U0505A)   selection   board,   a   statement   from   the
Noncommissioned Officer-in-Charge  (NCOIC),  Promotions  and  Testing,
copies of a AF Form 330 (Records Transmittal/Request),  dated  21  Apr
04, a Federal Express (FedEx) routing slip and tracking results and  a
signed  master  eligibility   listing.    The   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.

On 21  April  2004,  the  applicant’s  PRF  was  sent  via  FedEx  for
consideration by the  FY05  Line  and  Health  Professions  Lieutenant
Colonel Position Vacancy Selection Board, which convened at HQ ARPC on
14 June 2004.  The FedEx tracking system  indicates  the  package  was
received and signed for in Denver, CO, on 22 April 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the application be  denied.   DPB  acknowledges
the FedEx tracking information,  but  states  the  package  was  never
received by ARPC/DPB.  The applicant could not have met the  selection
board because his nomination (PRF) was  not  received  for  processing
either by the suspense date or prior to the convening of the selection
board.  The HQ ARPC/DPB evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicates he knows the
promotion package was received  because  two  of  the  five  promotion
packages in the parcel met the selection board.  He believes there was
a processing mistake in the DPB promotion office in how  they  handled
incoming packages.  He should not be penalized for the mistake of  the
promotion board staff.  He also knows  his  last  Officer  Performance
Review was faxed and sent via Federal Express to the  promotion  staff
for board package inclusion on 8 June 2004, so it was clear the  staff
was aware he was being recommended for promotion by  his  supervisors.
He would not have been recommended for promotion  through  a  position
vacancy if his supervisors did not believe he  was  deserving  of  the
rank of lieutenant colonel.  His records are outstanding and he  is  a
dedicated officer  with  the  leadership  and  expertise  required  to
function in the next rank.  The applicant’s complete submission is  at
Exhibit D.

In support of his request, applicant’s commander submits  a  statement
concerning the administrative processing errors and requests favorable
action  on  the  applicant’s  request   for   supplemental   promotion
consideration (Exhibit E).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  In this respect, we note that  almost  two
months prior to the FY05 PV  selection  board  convening,  applicant's
servicing Military Personnel Flight (MPF)  forwarded  his  PRF,  along
with the PRFs of four other eligible officers, to HQ ARPC via  Federal
Express and that the package was received by HQ ARPC on 22 April 2004.
 However, the applicant's PRF was  not  received  by  the  appropriate
office in time to obtain eligibility for consideration by the FY05  PV
selection board.  Since the applicant's senior rater  had  recommended
him for consideration prior to the convening of the selection board in
question,  we  believe  the  applicant  has  been  the  victim  of  an
injustice.  Therefore, in an effort to remove any  possibility  of  an
injustice, we believe the benefit of any doubt should be  resolved  in
applicant's favor.  In view of the findings, we recommend  applicant's
record be corrected to the extent 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 Promotion
Recommendation Form (PRF), AF Form 709, prepared for the  Fiscal  Year
2005 Line and Health Professions Lieutenant Colonel  Position  Vacancy
(PV) Promotion Selection Board, was accepted  for  file  on  22  April
2004.

It is further recommended that his record,  to  include  the  attached
Promotion Recommendation Form (PRF), AF Form 709,  signed  by  Colonel
Close, 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  this  application  in
Executive Session on 6 January 2005, under the provisions of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Ms. Deborah A. Erickson, Member
              Mr. James W. Russell III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2004-02947.

   Exhibit A.  DD Form 149, dated 13 Sep 04, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPB, dated 8 Nov 04.
   Exhibit C.  Letter, SAF/MRBR, dated 10 Nov 04.
   Exhibit D.  Letter from Applicant, dated 28 Oct 04.



                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2004-02947




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 APPLICANT be corrected to show that the attached
Promotion Recommendation Form (PRF), AF Form 709, prepared for the
Fiscal Year 2005 Line and Health Professions Lieutenant Colonel
Position Vacancy (PV) Promotion Selection Board, was accepted for file
on 22 April 2004.

      It is further directed that his record, to include the attached
Promotion Recommendation Form (PRF), AF Form 709, signed by Colonel
Close, 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