RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01500
            INDEX CODE:  131.01, 107.00
      XXXXXXXXXXXX     COUNSEL: NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 NOV 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His original letter to the Board President, dated 3  February  2006,  be
filed in his Officer Selection Record (OSR)  and  he  be  given  Special
Selection Board (SSB) consideration for the  Fiscal  Year  2007  (FY07),
FY08 and FY09,  Line  and  Health  Professions  Selected  Reserve  Major
Promotion Boards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The letter he submitted to the FY07 major promotion board for  inclusion
in his OSR was not in his Master Personnel Record when he  checked  with
the Air Reserve Personnel Center (ARPC) following  the  release  of  the
FY08 board results.  He is not sure if his letter was  included  in  his
OSR for the FY07 major promotion board, since the board  convening  date
was delayed.  The ARPC website states, letters to  the  promotion  board
would be filed in the master personnel records; however,  after  release
of  the  FY08  promotion  results  he  contacted  the  Promotion   Board
Secretariat and was informed that his personal letter to the  Board  was
not in his master personnel record.  Subsequently, he questions  whether
it was filed in his  MPR  for  consideration  by  the  FY07  Board.   He
believes the possibility exists the letter he submitted to the Board may
have been misrouted due to the  events  that  caused  the  Board  to  be
delayed for an entire month.

In support of his request, the applicant submitted a personal statement,
two fax cover sheets regarding a letter to the promotion board,  a  copy
of the letter to the Board President, dated 3 February 2006, and a  copy
of a snapshot of the Air Reserve Personnel Center web-site.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving  in  the  Reserve  in  the  grade  of
captain with a date of rank of 28 May 2002.

He was non-selected for promotion to the grade of major by the FY07  and
FY08 Major Promotion Boards, which convened 6 March 2006 and 5  February
2007.

The following is a resume of the applicant’s recent OPR profile:

                   PERIOD ENDINGS            OVERALL EVALUATION

                    19 Jul 92                MEETS STANDARDS (MS)
                    19 Jul 93                       MS
                    18 Aug 04                       MS
      18 Aug 05                       MS
      18 Aug 06                       MS

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommends denial.  DPB states in part, the applicant’s  letter
to the board was received and filed in his selection folder for the FY07
Major Promotion Board.  It was available to  board  members  to  use  in
their evaluation of his promotion potential during the FY07  board.   It
was removed from his record following board adjournment.   He  cites  no
error that could result in SSB consideration for either the FY07 or FY08
Promotion Boards.

DPBS keeps a record specifying name, SSN and type  of  letter  received.
The letter was removed from his OSR  and  destroyed,  per  AFI  36-2504,
Officer Promotion  Continuation  and  Selective  Early  Removal  in  the
Reserve of the Air Force, paragraph 4.7.3, following  adjournment.   Any
inquiry he made concerning the letter after the  board  adjourned  would
result in a negative response.  A letter to  a  promotion  board  exists
only for that specific board.  He did not write a  letter  to  the  FY08
board.  There is no  record  that  the  applicant  requested  non-select
counseling following either of his  deferrals  for  promotion.   Had  he
requested this service, he could have been assured  his  letter  to  the
board  was  received  and  he  could  have  been  provided   information
concerning what the selection board viewed and how his opportunity could
be improved for future promotion boards.

The complete DPB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part that item 3.b of the ARPC/DPB letter, dated
21 June 2007, refers to AFI 36-2504, Officer Promotions, and the  letter
he submitted to the FY07 promotion  board  was  removed  and  destroyed.
What was not addressed was the erroneous  information  provided  on  the
ARPC website under the officer promotion section.  It was  this  website
to which he was referred in order to submit his  letter  to  the  board.
The website states “copies of  letters  will  be  filed  in  the  master
personnel file after the boards adjourn.”  This website’s  statement  is
what led him to conclude his letter to the FY07 board would be  retained
for the FY08 Major Selection Board.

He was not made aware of any non-select counseling service.  When he was
not selected for promotion by the FY07 board, all that occurred was that
he received a phone call from a colonel telling  him  that  he  was  not
selected and to contact  the  base  career  advisor.   The  base  career
advisor assured him that everything that was required was submitted with
his package.   He  was  not  given  instructions  to  contact  a  higher
authority that could have provided  more  precise  counseling  regarding
what may have been at fault and what actions  he  could  have  taken  to
correct his submission or improve his  record.   The  only  feedback  he
received from ARPC regarding the major board was what he received  prior
to meeting the board the first time and regarding the submission of  his
letter.  He was instructed to remove from his letter  the  reference  to
the advanced degrees he earned.  He provided a letter  from  the  career
advisor’s office that states the new career advisor  took  over  in  May
2006, and that he was unaware of the difficulties the applicant  had  in
the first meeting with the major selection board.  When he met with  him
prior to the  second  major  selection  board  he  assumed  the  package
prepared by his predecessor was complete and without issue.  The  career
advisor was not able to provide  him  with  any  additional  insight  or
counseling regarding what he needed to do to be better prepared to  meet
the second board.  He also had no one  to  mentor  him  with  regard  to
preparing to meet the major promotion board.   He  is  from  a  military
family and would like to continue his career.

The applicant’s response, with attachments, is at Exhibit E.

The applicant submits additional information and states in part, that he
left active reserve status in mid-1993 and returned  to  active  reserve
status in mid 2003.  He realized a break in service was not looked  upon
kindly and feels compelled to explain  the  reasons  for  his  break  in
service.  He then goes on to give a detailed description of his career.

The applicant’s additional response is at Exhibit F.

_________________________________________________________________

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 error or injustice.  Applicant contends the possibility
exists that his OSR that met the FY07 promotion board may not have  been
fairly assessed, because he cannot be certain it  contained  a  personal
letter he wrote to the Board.  In  this  regard,  the  Board  notes  the
office of primary responsibility confirmed receipt of his letter, placed
it in his OSR prior to the board convening date, and therefore no  error
or injustice occurred.   Concerning  his  contention  the  ARPC  website
contained erroneous instructions, the  Board  notes  that  per  guidance
contained in AFI 36-2504, a letter to the promotion  board  exists  only
for that specific board and his personal letter to the  FY07  board  was
correctly removed and destroyed based on  established  procedures.   The
applicant’s contentions are duly noted; however, we agree with  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 this matter.   In  the  absence  of  persuasive
evidence to the contrary, the majority of 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-2007-
01500 in Executive Session on 23 August 2007, under  the  provisions  of
AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Karen A. Holloman, Member

            Mr. Wallace F. Beard Jr., Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 May 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memo, ARPC/DPB, dated 21 Jun 07, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 3 Jul 07.
      Exhibit E. Letter, Applicant, dated 9 Jul 07.
      Exhibit F. Letter, Applicant, dated 28 Jul 07.



                                   KATHLEEN F. GRAHAM
                                   Panel Chair