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AF | BCMR | CY2005 | BC-2005-00009
Original file (BC-2005-00009 .DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2005-00009
                                       INDEX CODE:  100.05, 131.01
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 July 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her date of assignment be corrected to 30 April 2003 in order  to  make  her
eligible to meet the Fiscal Year (FY)  2004  Captain  promotion  board.   If
approved, she be considered for  promotion  by  a  Special  Selection  Board
(SSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her Ready Reserve assignment was  unnecessarily  delayed  due  to  recruiter
oversight.   This  delay  caused  her  not  to  be  eligible  for  promotion
consideration to the grade of captain  during  the  FY04  Captain  Promotion
Cycle.  She initially contacted the recruiter the  week  of  5  April  2003.
Subsequently, she met with the recruiter to sign and  finalize  an  AF  Form
1288, Application for Ready Reserve  Assignment;  however,  the  application
was not completed because the recruiter  did  not  have  the  duty  position
number or the required waiver for her assignment  to  an  overage  position.
She contacted the recruiter by phone on 17 and 21 April 2003;  however,  the
recruiter told her that she still did not  have  the  required  information.
After contacting and soliciting assistance from the wing commander  and  the
squadron commander, she was able to get the required information  passed  to
the recruiter in order to complete the AF  Form  1288.   She  met  with  the
recruiter a second time on 23 April 2003 only to be told that she  needed  a
copy of her last physical to process the application.   She  signed  the  AF
Form 1288 on 20 May 2003 after a copy of the physical  was  received  on  19
May 2003.  She was finally assigned on 23 May 2003.

In support of her application, the applicant provides a copy of her AF  Form
1288; an excerpt from Air Force Reserve Command (AFRC) Instruction  36-2001,
dated 21 April 2004; and two letters of support from her commander  and  the
Military Support Squadron (MSS).  The applicant’s complete submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system (MILPDS), the  applicant  is
currently serving in the Air Force Reserve in the grade of first  lieutenant
with a date of rank of 2 February 2000.

On 19 May 2003, while assigned to the Individual Ready  Reserve  (IRR),  the
applicant submitted an AF Form 1288 for reassignment  from  the  IRR  to  an
active Reserve position.  The wing commander indorsed the application on  20
May  2003.  On  22  May  2003,  a  squadron  representative  annotated   the
assignment information and signed the second  indorsement  of  the  AF  Form
1288.  The applicant was assigned to the position effective 23 May 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/RSS recommends denial of the  applicant’s  request.   RSS  states  that
according to the recruiter’s documentation and information  input  into  the
recruiting database, the applicant did not have her first meeting  with  the
recruiter until 15 May 2003.  Further documentation indicates the  applicant
returned to the recruiter’s office on 19 May 2003 to complete  the  required
paperwork  and  submit  her  application.   There  is  no  documentation  to
validate the applicant’s claim that she met with the recruiter on  or  about
15 April 2003.  It is RSS’ opinion that the applicant’s  accusation  is  the
recruiter was at fault in delaying her processing and  preventing  her  from
being assigned at an earlier date is unjustified.  The RSS evaluation,  with
attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  28
January 2005 for review and comment within 30 days.  As of this  date,  this
office has received no response.

_________________________________________________________________

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 probable error or injustice.  The Board majority believes  the
applicant did not provide persuasive evidence showing the actions taken  to
effect her Ready Reserve assignment were unnecessarily delayed beyond those
required by the exigencies  of  administrative  processing.   We  note  the
comments by the applicant’s commander that it was his intention to have the
applicant gained into his unit in April 2003; however, the  Board  majority
feels this is not evidence  that  the  processing  of  her  assignment  was
unreasonably delayed.   According  to  the  Air  Force  office  of  primary
responsibility, the applicant’s first recorded meeting with  the  recruiter
took place on 15 May 2003.  Without evidence to  the  contrary,  the  Board
majority finds no basis on which  to  favorably  consider  her  request  to
change her date of assignment.  In the absence of evidence by the applicant
that she was treated differently than other members in a similar situation,
the Board majority does not recommend favorable action on her request.

_________________________________________________________________

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 this application in  Executive
Session on 30 June 2005, under the provisions of AFI 36-2603:

            Mr. Laurence M. Groner, Panel Chair
            Mr. Terry L. Scott, Member
            Ms. Kathy L. Boockholdt, Member


Mr. Scott and Ms. Boockholdt voted  to  deny  the  application.   Mr. Groner
voted to grant  the  applicant’s  request,  but  elected  not  to  submit  a
minority report.  The  following  documentary  evidence  for  AFBCMR  Docket
Number BC-2005-00009 was considered:

      Exhibit A.  DD Form 149, dated 22 Dec 04, with attachments.
      Exhibit B.  Letter, AFRC/RSS, dated 21 Jan 05.
      Exhibit C.  Letter, SAF/MRBR, dated 28 Jan 05.




                                  LAURENCE M. GRONER
                                                   Panel Chair


AFBCMR BC-2005-00009


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXXXXXXXXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.



                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
                 Boards Agency

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