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AF | BCMR | CY2005 | BC-2005-01071
Original file (BC-2005-01071.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01071
            INDEX CODE:  131.01, 107.00
      XXXXXXXXXXXXXXX  COUNSEL:  NONE

      XXXXXXXXXXXXXXX  HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  31 AUG 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion  to  the  grade  of  major  by  Special
Selection Board (SSB) for the FY00 Line and  NonLine  Major  Promotion
Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have met the FY00 major  promotion  board  and  believes  he
would have been selected  for  promotion  by  that  board.   His  unit
informed him that his record would not meet the FY00  Board  since  he
had not been in the Air Force Reserves for one year.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the Air Force Reserves in the  grade
of major.  Applicant was considered and not selected for promotion  to
the grade of major by the FY01 Line and NonLine Majors Promotion Board
that convened in March 2000.

He was considered and selected for promotion to the grade of major  by
the FY02 Line and NonLine Majors  Promotion  Board  that  convened  in
February 2001.  His date of rank (DOR) is 1 October 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states the applicant’s DOR to captain
combined with his total years service date, which are both factors  in
establishing eligibility for Reserve promotion between 1997 and  2001,
set his in-the-promotion  (IPZ)  eligibility  at  the  FY01  Line  and
NonLine Promotion Board.

DPB states based on superficial examination of the applicant’s record,
the major contributing factor to selection  APZ  versus  IPZ  was  the
completion of Squadron Officer’s School.  While this is not a pass  or
fail  factor  in  promotion,  it  always  has   been   a   significant
discriminator.

He was also not eligible for a position vacancy (PV)  nomination.   He
transferred to the Selective Reserves from active duty on  2 September
1998.  At that time, an officer on  the  Reserve  active  status  list
(RASL) was required to spend at least one full year  in  the  Selected
Reserve prior to eligibility and nomination for PV.  One full year  in
the SelRes established his first possible  PV  board  as  March  2000.
However, as he was IPZ eligible, he was not eligible for  PV,  because
an officer cannot meet both an IPZ and PV board at the same time.

The DPB complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 April 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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an  error  or  injustice.   We  took  notice  of  the
applicant’s complete submission in judging the  merits  of  the  case.
However, the Board is not persuaded that he was denied an  opportunity
to compete for promotion.  The Air Force has indicated that  based  on
the applicant’s DOR to captain, combined with his total years service,
he was eligible for Reserve promotion to the grade of major  beginning
with the FY01 Line and NonLine Majors Promotion Board.   Consequently,
he was not eligible to meet the FY00 promotion Board.  Therefore,  the
Board agrees with the opinion and  recommendation  of  the  Air  Force
office of primary responsibility and adopts its rationale as the basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  In the absence  of  persuasive  evidence  to  the
contrary, the Board finds 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 Docket  Number  BC-2005-
01071 in Executive Session on 29 June 2005, under  the  provisions  of
AFI 36-2603:

            Mr. Gregory H. Petkoff, Panel Chair
            Ms. Jan Mulligan, Member
            Ms. Patricia A. Robey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 March 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPB, dated 18 Apr 05, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.






                                   GREGORY H. PETKOFF
                                   Panel Chair

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