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AF | BCMR | CY2005 | BC-2004-03658
Original file (BC-2004-03658.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03658
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered for promotion to the Reserve grade of captain  prior
to the convening of the board in Jul 05.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She met the eligibility requirements for promotion to captain  in  Dec
04 and is in a major’s slot in her unit.  During her recruiting phase,
there was a delay in her conditional release from the Army because  of
administrative  errors.    She   missed   the   promotion   board   by
approximately two and a half weeks.  She was told that  her  promotion
now will be delayed  until  late  next  Fall,  which  will  delay  her
military career for approximately one year from being eligible.

In  support  of  her  appeal,  the  applicant  provided  documentation
pertaining to her conditional release from the Army  Reserve  and  her
appointment in the Air Force Reserve.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 May 04, the applicant requested her conditional release from the
Army Reserve to enter the Air Force Reserve.  Her request was approved
on 15 Jun 04.

Applicant was appointed a first lieutenant, Reserve of the  Air  Force
(Nurse Corps), on 16 Jul 04.

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving in the  Air Force  Reserve  in
the grade of first lieutenant.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommended denial indicating the  Fiscal  Year  2005  (FY05)
Captain Promotion Board process closed out on 1 May 04 (assumed  board
adjournment date).  Eligibility for promotion to the grade of  captain
had to be established prior to that date.  The applicant  was  not  an
Air Force Reserve asset until  16  Jul  04  and,  therefore,  was  not
eligible for promotion consideration. Additionally, the  Army  Reserve
does not consider their first lieutenants until the  four-year  point.
Thus, the applicant did not lose a year of her military career as  she
stated; she actually has gained a year versus her original peers.

A complete copy of the ARPC/DPB evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  29
Dec 04 for review and response.  As of this date, no response has been
received by this office (Exhibit C).

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly  reviewed  and  her  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documents  provided  in  support  of  her  appeal  were   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility (OPR).  No evidence has been presented which
would lead us to believe she was improperly denied  consideration  for
promotion to captain.  Therefore, we agree with the recommendation  of
the OPR and adopt its rationale as the basis for our decision that the
applicant has failed to sustain her burden  of  establishing  she  has
suffered either an error or an injustice.   Accordingly,  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-
2004-03658 in Executive Session on 23 Feb 05, under the provisions  of
AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Nov 04, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 17 Dec 04.
    Exhibit C.  Letter, SAF/MRBR, dated 29 Dec 04.




                                   ROBERT S. BOYD
                                   Panel Chair

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