RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03485
            INDEX CODE:  131.01, 107.00
      XXXXXXXXXXXXXXXXX      COUNSEL:  NONE

      XXXXXXXXXXXXXXXXX      HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  19 MAY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was not considered  for  promotion
by the FY06 Line and Health Professions  Major  Selection  Board  that
convened on 7 February 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records should not have been considered for promotion to the grade
of major, because he was not made aware in sufficient time  to  update
his records prior to meeting the board.   After  he  returned  to  the
Reserves he was not aware he would be  eligible  for  promotion  after
only one year.  He did not receive an officer preselection brief until
a couple of weeks before the majors board met.

His Reserve OPR was not signed until March of 2005 nearly  six  months
after the OPR closed out, so his record was not  fairly  evaluated  by
the board.  He has an impeccable record, but even if  he  is  selected
for promotion to major during the next cycle he will never be  allowed
to return to active duty due to the negative impact  of  being  passed
over on his record.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned a second lieutenant in the Regular  Air
Force on 1 October 1986 and was progressively promoted to the grade of
captain.  The applicant was released from active and assigned  to  the
Reserves on 31 December 1992.  He returned to a participating  reserve
status on 3 September 2003.  The  applicant  was  considered  and  not
selected for promotion to the grade of major  by  the  FY06  Line  and
Health Professions Major Selection Board.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states  the  applicant  says  he  was
unaware he was eligible for promotion consideration, was not counseled
concerning changes in the promotion eligibility  system  and  did  not
have sufficient time to build a competitive file or complete  Squadron
Officer School (SOS) prior to the 7 February 2005 convening date.

According to DPB there was no change in promotion eligibility time  in
grade (TIG) requirements between 1992 and today.  Reserve of  the  Air
Force TIG is exactly the same today as it was in 1992.

DPB states AFI 36-2504, 1.7, states  an  officer  is  responsible  for
monitoring his own eligibility and ensuring the  selection  folder  is
correct and up to date before the selection board convenes.  Title  10
USC, Section 14106, provides an officer being considered for promotion
the option  of  writing  a  letter  to  the  board  president  calling
attention to any matter the officer considers important to  his  case.
No letter was received from the applicant.

DPB states the officer selection folder reviewed by the board did have
OPRs from 1 October 1986 through 1 December  1992.   An  AF  Form  77,
Supplemental Evaluation Sheet  was  also  in  the  folder  covering  2
December 1992 to 2 September 2003 stating “No report required IAW  AFI
36-2406”, because the applicant did not have  a  rating  chain  so  no
evaluation could be written.  However, the applicant’s  first  Reserve
OPR, closing 2 September 2004, was not signed until  March  2005,  and
was not available for board review.

According the DPB the  applicant  met  the  eligibility  criteria  for
promotion consideration by the FY06 Major Line and Health  Professions
Selection Board.  It is the member’s  responsibility  to  monitor  his
eligibility and to ensure his selection folder is up  to  date  before
the board convenes.

He also had the opportunity to write a letter to the president of  the
board calling attention to  areas  of  his  concern.   No  letter  was
received.  No documentation has been provided  to  verify  the  member
would be eligible for reappointment to active duty if the current pass-
over is administratively removed.

The applicant is eligible to meet the FY07 Line and Health Professions
Major Selection Board that convenes on 6  February  2006.   If  he  is
selected for promotion by that board, the  pass-over  will  no  longer
appear  in  his  record.   He  can  then  reapply  for   active   duty
consideration.

The DPB complete evaluation is at Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  states  the  selection  board  did  not  have  adequate
information in his personal folder  to  properly  evaluate  him.   His
officer selection record did not contain OPR’s from active duty or the
OPR covering his fist year of Reserve  duty,  which  he  believes  was
crucial evidence to support his promotion.  He believes  that  he  was
not selected for promotion due to  the  untimely  filing  of  his  OPR
closing 2 September 2004, within his officer selection record.

The applicant’s complete response 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 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 are not persuaded  by  the
evidence or record and the documentation provided, that the  applicant
was denied the opportunity to compete successfully for promotion on  a
fair and equitable basis.  The Board notes, in accordance with AFI 36-
2504,  1.7,  an  officer  is  responsible  for  monitoring   his   own
eligibility and ensuring the selection folder is  correct  and  up  to
date  before  the  selection  board  convenes.   In  regards  to   the
applicant’s contentions that his OPR closing out on 2  September  2004
was not included in his selection folder, the  Board  notes  Title  10
USC, Section 14106, provides an officer being considered for promotion
the option  of  writing  a  letter  to  the  board  president  calling
attention to any matter the officer considers important to  his  case.
The Board believes the  applicant  had  the  opportunity  to  be  more
diligent in the promotion process and his failure to do so was evident
in his nonselection.   Therefore,  we  agree  with  the  opinions  and
recommendations of the Air Force office of primary responsibility  and
adopt 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
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________



THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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-
03485 in Executive Session on 8 March 2006, under  the  provisions  of
AFI 36-2603:

            Ms. Kathy L. Boockholdt, Panel Chair
            Ms. Cheryl V. Jacobson, Member
            Mr. August Doddato, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Nov 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPB, dated 13 Nov 05.
      Exhibit D. Letter, SAF/MRBR, dated 16 Dec 05.
      Exhibit E. Letter, Applicant, dated 13 Jan 06.





                                   KATHY L. BOOCKHOLDT
                                   Panel Chair