RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00349
            INDEX CODE:  131.05
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  2 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the Reserve grade of major be  changed  from
1 Oct 04 to 2 Jun 04.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to administrative oversight by support  staffs,  the  request  for
accelerated promotion in accordance with AFI 36-2504  failed  to  meet
appropriate timelines and resulted in a four-month delay in promotion.


The Chief, Reserve  Personnel  Support  Office,  11th  Wing  (11  WG),
indicates in her statement that  the  applicant  was  recommended  for
promotion to major by the Fiscal Year 2005 (FY05)  Air  Force  Reserve
Line and Health Professions Major Promotion Selection Board.  However,
while the applicant’s  organization  requested  accelerated  promotion
consideration, administrative errors resulted in the package not being
forwarded to HQ ARPC within appropriate timelines.  The Chief supports
the applicant’s request.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The DOR for officers selected from the mandatory  board  will  be  the
date the officer completes the required time  in  grade  (TIG);  i.e.,
seven years or the first day of the fiscal year of  the  board  (1 Oct
04), whichever is later.

The applicant’s DOR to captain was 2 Jun 97, making him  eligible  in-
the-promotion-zone (IPZ) for the FY04  Line  Health  Profession  Major
Promotion Selection Board.  He was considered but not selected.

The applicant was  considered  and  selected  above-the-promotion-zone
(APZ)  by  the  FY05  Line  and  Health  Professions  Major  Promotion
Selection Board, which convened on 9 Feb 04.  As an APZ  selectee,  he
received a DOR of 1 Oct 04.  All officers selected  for  promotion  by
this board were promoted no earlier than this date, unless  a  request
for  accelerated  promotion  was  received  from  the  senior   rater.
According to HQ ARPC/DPB (Exhibit B), no such request has been sent to
or received by them.

The applicant includes in his application a  request  for  accelerated
promotion, dated 20 Jul 04, from his commander  to  his  senior  rater
(Exhibit A).  The commander recommends the applicant  be  promoted  to
major effective and with a DOR of 14 Apr 04 (the date of  Presidential
approval).   The  commander  explains  the  request  would  have  been
submitted earlier but promotion notification was  sent  to  the  wrong
organization and was not forwarded until  that  week.   The  commander
acknowledged this did not meet ARPC guidelines regarding receipt of  a
request no later than two business days before the proposed  DOR,  but
believed the retroactive DOR was warranted.  By first indorsement, the
senior rater approved the recommendation effective 14 Apr 04 with  the
same DOR.

The applicant provides another memo from the commander to  the  senior
rater, also dated 20 Jul 04, requesting  the  applicant  be  given  an
accelerated promotion to major with a DOR of 15 Apr  04  (Exhibit  A).
By first  indorsement,  the  senior  rater  approved  the  applicant’s
promotion effective and with a DOR of 23 Jul 04.  In a  copy  of  this
same memo, the 23 Jul 04 DOR was scratched out and a date of 2 Jun  04
was handwritten below it.

Details and discrepancies contained in these memos  are  discussed  in
the HQ ARPC/DPB evaluation (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB notes the discrepancies within the  accelerated  promotion
requests provided by the applicant.  Each letter is dated  20 Jul  04,
but each  requests  three  different  effective  dates.   Contrary  to
paragraph 3, the applicant was eligible for the  mandatory  board  and
was ineligible to meet the position vacancy (PV) board.  Any DOR based
on the PV date was therefore not authorized.  The 2 Jun 04 DOR was not
authorized because the FY04 board did not select  the  applicant.   He
was selected by the
FY05 board and, as an APZ selectee, could only receive a 1 Oct 04 DOR.
 The 14 Apr 04 DOR does not  meet  the  requirements  for  accelerated
promotion.  The “ARPC guidelines” cited is actually Secretary  of  the
Air Force (SAF) policy established by AFI 36-2504.  If a  request  for
accelerated promotion had been received by ARPC on 20 Jul 04 (the date
of the memorandum), by policy the applicant could have received a  DOR
of 22 Jul 04, two business days after  receipt.   Further,  while  the
applicant indicates the discovery of the alleged error was 23 Jun  04,
the request for accelerated promotion was dated  22 Jul  04,  a  month
after the discovery.  The AFBCMR appeal was submitted 26 Jan  05,  six
months after the discovery.  Effort on  the  part  of  the  11 WG  and
HAF/ESP should have been  expended  before  the  fact  to  ensure  the
request for acceleration arrived by the required deadline.   There  is
no requirement to have 11 WG or HAF/ESP  coordination  or  involvement
for any accelerated request.   It  is  not  known  what  efforts  were
accomplished by all interested parties  or  those  identified  in  the
package between Jun 04  and  Jan  05.   The  request  has  never  been
received by the agency.  Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 25 Mar 05 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice to  warrant  partial  relief.   We
cannot determine from the applicant’s  submission  what  efforts  were
made to  obtain  the  accelerated  promotion  prior  to  the  required
deadline, but the documents provided appear to indicate his  superiors
support this action.  Different DORs  were  noted  in  the  supporting
statements and indorsements.  Any DOR based on the PV  board  date  is
unauthorized because the applicant was ineligible to meet that  board.
The requested 2 Jun 04 DOR is also unauthorized because the  applicant
was not selected by the FY04 Line Health  Profession  Major  Promotion
Selection Board, but by  the  FY05  selection  board.   Although  ARPC
advises they did not receive the 20 Jul 04 request for an  accelerated
promotion, AFI 36-2504 policy could authorize the applicant a  DOR  of
22 Jul 04, two  business  days  after  the  presumed  receipt  of  the
request.   We  find  no  basis  to  question  the  integrity  of   the
applicant’s superiors who indicate administrative mishaps resulted  in
his  not  receiving  the  accelerated  promotion  they  support.    We
therefore have no objection to changing the applicant’s DOR from 1 Oct
04 to 22 Jul 04, based  on  the  20 Jul  04  request  for  accelerated
promotion, and this we so recommend.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT,  be  corrected  to  show  that,  under  the
provisions  of  AFI  36-2504,   competent   authority   approved   his
accelerated promotion to the Reserve grade  of  major,  effective  and
with a date of rank of 22 July 2004.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 May 2005 under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Marcia Jane Bachman, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2005-00349 was considered:

   Exhibit A.  DD Form 149, dated 26 Jan 05, w/atchs.
   Exhibit B.  Letter, HQ ARPC/DPB, dated 15 Mar 05.
   Exhibit C.  Letter, SAF/MRBR, dated 25 Mar 05.




                                   RICHARD A. PETERSON
                                     Panel Chair



AFBCMR BC-2005-00349




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       his accelerated promotion to the Reserve grade
of major, effective and with a date of rank of 22 July 2004.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency