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AF | BCMR | CY2005 | BC-2004-03190
Original file (BC-2004-03190.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03190

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be promoted to the grade  of  major  based  upon  the  position  vacancy
number 00700641L occupied during Fiscal Year 2005  (FY05)  Line  and  Health
Professions Major Position Vacancy (PV) Selection Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her AF Form 709, Promotion Recommendation, was  misplaced  by  the  Military
Personnel Flight (MPF)  at  445th  Military  Support  Flight  (MSF),  Wright
Patterson AFB OH prior to reaching the Major Selection Board.

In support of her request, applicant provided a copy of  AF  Form  709,  and
copies of promotion recommendation letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserves  in  the  grade
of captain.

The applicant was date of rank (DOR) eligible for consideration by the  FY05
Major PV Selection Board.  The applicant’s name did not appear on  the  list
of officers considered by that board. No PV nomination  was  received.   The
deadline  for  submission  of  the   PRFs   nominating   officers   for   PV
consideration was 26 December 2003.  On 27 December  2003,  all  names  were
purged from the tentative PV eligibility list, leaving  only  the  names  of
officers submitted for PV nomination. Any names not on  the  resulting  list
are deemed not eligible for consideration.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends  denial  and  states  consideration  for  the  Major  PV
Selection Board is based on the receipt of the AF Form 709.  Effort  on  the
part of the applicant and her rating chain should have been expended before-
the-fact,  to  ensure  the  nomination  package  arrived  by  the   required
deadline. The applicant states the AF Form 709  was  misplaced  by  the  MPF
prior to reaching the major selection  board.   The  applicant’s  commander,
flight commander, and the chief nurse executive have also submitted  letters
on behalf of the individual stating  the  AF  Form  709  was  completed  and
submitted to the MPF by the  required  deadline.  However,  the  applicant’s
package does not include supporting documentation from  the  MPF,  attesting
to receipt of the PRF.  The applicant’s senior rater,  the  sole  nomination
authority for the PV Selection Board, has  not  submitted  documentation  to
support either an original nomination, or express  support  for  the  appeal
request.

ARPC/DBP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  stated  the  required
paperwork was completed by her unit in order to meet the FY04PV (sic)  Major
Selection Board.  AF Form 709 (Promotion Recommendation) was  completed  and
signed by Gen M__ prior to the deadline.  This paperwork  was  submitted  to
the MPF prior to the  required  deadline  unfortunately  the  paperwork  was
misplaced.  A letter was  not  included  in  her  packet  because  they  are
refusing to come on line with their error.  The  445th  ASTS  commander  and
chief nurse both requested MPF submit a letter of explanation.  A letter  of
response from the MPF was never received.  Her senior rater, who signed  the
original AF 709, has since been reassigned from  445  Airlift  Wing,  Wright
Patterson AFB.  The general was contacted regarding  the  lost  AF  709;  he
immediately  regenerated  another  original  AF  709.   This  document   was
expressed mail to her.  The original packet was completed and  submitted  to
the MPF on time.  The appropriate procedure was followed for the  submission
of the original FY04 Position Vacancy packet to the MPF.

Applicant’s submission, 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record, to include the applicant’s  contention  that  her  AF  Form  709,
Promotion Recommendation, was misplaced by her  servicing  MPF,  we  do  not
find her  assertions  sufficiently  persuasive  to  override  the  rationale
provided by the Air  Force.   Therefore,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility, and  adopt
its rationale as the basis for our conclusion that  the  applicant  has  not
been the victim of an error or  injustice.  However,  should  the  applicant
provide a statement of support from her senior rater,  the  sole  nomination
authority for PV Selection Board, we would  be  willing  to  reconsider  her
request. In view of the above, we find  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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-
03190 in Executive Session on 4 January 2005, under the  provisions  of  AFI
36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Oct 04, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 9 Nov 04.
    Exhibit C.  Letter, SAF/MRBR, dated 25 Jul 03.
    Exhibit D.  Letter, Applicant, dated 9 Nov 04.
      Exhibit E.  Applicant’s Response, dated 10 Nov 04, w/atchs.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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