RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01337
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes


MANDATORY CASE COMPLETION DATE:  20 Oct 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to the grade of  colonel  by  special
selection board (SSB) for  the  FY05  Air  Force  Reserve  Line  and
Nonline Colonel Promotion Selection Board.

__________________________________________________________________

APPLICANT CONTENDS THAT:

He was not considered for promotion to the grade of colonel  by  the
FY05 Air Force Reserve Line and Nonline Colonel Promotion  Selection
Board because his mandatory service date (MSD) of 1 Jan 05 was prior
to the earliest cutoff of 19 Jan 05.

Effective 29 Dec 04, his MSD was  extended  until  30  Jun  05.   In
support of his appeal, applicant has  provided  copies  of  his  MSD
waiver paperwork, a copy of the Promotion Recommendation Form  (PRF)
prepared on him for the FY05 promotion board, a copy of a letter  to
the promotion board secretariat, copies of decoration citations, and
copies of his Officer Performance Reports (OPRs).

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

__________________________________________________________________

STATEMENT OF FACTS:

The applicant is a lieutenant  colonel  in  the  Air  Force  Reserve
serving on active duty.  He was promoted to the grade of  lieutenant
colonel on 1 Oct 00 and had an initial MSD of 1 Jan 04.  In Dec  03,
the applicant was granted a waiver of his MSD until 1 Jan 05.  Based
on this MSD, the applicant  was  determined  to  be  ineligible  for
promotion consideration by the  FY05  Air  Force  Reserve  Line  and
Nonline Colonel Promotion Selection Board, which convened in Oct 04.
 The applicant was granted a second waiver on 29  Dec  04  adjusting
his MSD to 30 Jun 05.

__________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB  recommends  denial  of  the  applicant’s   request.    The
applicant has not provided any documentation to suggest he  made  an
attempt to request a waiver prior to the board  convening  date  and
has not provided any justification for meeting  an  SSB.   SSBs  are
granted based on administrative error, a legal or material error, or
a formal appeal.  The applicant was not eligible when the  selection
board convened or when the selection board adjourned.

They note that officers are considered for promotion when they  meet
a series of eligibility criteria.  The applicant was  determined  to
be ineligible for consideration due to his MSD of   1 Jan  05  being
within 90 days of the promotion board convening date of 18  Oct  04,
which is specified in 10 USC, Section 14301, and implemented by  AFI
36-2504, paragraph 2.4.6.

The applicant’s original MSD was 1 Jan 04,  the  first  day  of  the
month in which he completed 28 years of commissioned  service.   The
applicant received his first MSD extension on 23 Dec  04,  adjusting
his MSD to 1 Jan 05.  He received a second extension on 29  Dec  04,
adjusting his MSD to 30 Jun 05.  His last waiver  was  approved  two
months after the board adjournment date of 23 Oct 04.

Officers eligible for promotion are responsible for monitoring their
own eligibility (AFI 36-2504, paragraph 1.7) and to request  waivers
for promotion consideration (AFI 36-2504, paragraph 2.4.6).  Waivers
may be granted on a case-by-case basis for lieutenant colonels only.
 The officer’s  waiver  request,  along  with  the  PRF,  is  to  be
forwarded to arrive at HQ ARPC 60 days before  the  board  convening
date.  If the  waiver  is  approved,  the  officer  is  notified  of
eligibility to meet the board.

The complete evaluation is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant  comments
on four items to provide additional information:

        a.  He  notes  that  the  ARPC/DPB  does  not  indicate  the
timeframe  it  was  determined  he  did  not  meet   the   promotion
eligibility criteria.

        b.  He states that an e-mail, dated 11 Aug 04, from  ASC/CCV
to ASC/EN stated it had been  brought  to  their  attention  he  was
ineligible for the O-6 board.  Applicant indicates he  was  the  one
that discovered he needed 90 days of retainability to meet the board
and reported it to  both  ASC/CCV  and  AFMC/CR  to  determine  what
options he had.

        c.  He notes that the ASC/CCV email of 11 Aug 04 also states
that it should have been caught that  he  was  ineligible  when  the
original list of eligible officers was identified in the May/Jun  04
timeframe.

        d.  On 16 Aug  04  he  asked  in  an  e-mail  if  there  was
something he should be doing.  He was advised on 17 Aug 04 by ASC/MA
that nothing could be done.

The applicant states he was not aware of the provision  in  AFI  36-
2504, paragraph 2.4.6, until he received the advisory  opinion  from
ARPC/DPB on 18 May 05.  He further states this is the reason he  did
not apply for the waiver referenced in paragraph 4a of the  advisory
opinion.  The applicant opines that if he had been  advised  of  his
ineligibility  during  the  initial  determination  in  the  May/Jun
timeframe, he could have researched the process and applied for  the
waiver with time to spare.  He also notes that when  ASC/CCV  stated
on 11 Aug 04 he had no options, he still had eight  days  to  get  a
waiver package submitted.

The applicant’s complete response, 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.  Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  We believe the admitted  error
by the personnel element at the applicant’s unit of assignment  that
they should have identified the applicant as ineligible to meet  the
FY05 AF Reserve Line and Nonline Colonel Promotion  Selection  Board
in  the  May/Jun  04  timeframe  may  have  adversely  impacted  the
applicant’s opportunity to request a waiver in accordance  with  AFI
36-2505, paragraph 2.4.6.   Given  that  the  applicant’s  mandatory
service date (MSD) was extended subsequent to the  promotion  board,
we find it reasonable that a waiver request from the applicant would
have been approved.   Therefore,  in  the  interest  of  equity  and
justice, we believe the applicant’s records should be  corrected  as
indicated below.

__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to show that on 2  August  2004,
competent authority  approved  his  request  for  a  waiver  of  his
projected removal  from  the  Reserve  Active  Status  List  (RASL),
submitted in accordance with AFI 36-2504, paragraph 2.4.6, and  that
he was eligible to meet the FY05 Air Force Reserve Line and  Nonline
Colonel Promotion Selection Board.

It is further recommended that he be considered for promotion to the
grade of colonel by special selection board for the FY05  Air  Force
Reserve Line and Nonline Colonel Promotion Selection Board.

__________________________________________________________________

The following members of the Board considered Docket Number BC-2005-
01337 in Executive Session on 15 June 2005, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha A. Maust, Member
      Mr. Wallace F. Beard, Member

All members voted to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Mar 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, ARPC/DPB, dated 10 May 05.
     Exhibit D.  Letter, SAF/MRBR, dated 13 May 05.
     Exhibit E.  Memorandum, Applicant, dated 20 May 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2005-01337


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 XXXXXXX, XXXXXXX, be corrected to show that on 2
August 2004, competent authority approved his request for a waiver
of his projected removal from the Reserve Active Status List
(RASL), submitted in accordance with AFI 36-2504, paragraph 2.4.6,
and that he was eligible to meet the FY05 Air Force Reserve Line
and Nonline Colonel Promotion Selection Board.

      It is further directed that he be considered for promotion to
the grade of colonel by special selection board for the FY05 Air
Force Reserve Line and Nonline Colonel Promotion Selection Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency