RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02992
                                             INDEX CODE:  131.05
      XXXXXXXXXXXXXXXXXXX               COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His Date-of-Rank (DOR) to the grade of captain  (O-3)  be  changed  from  16
December 2002 to 30 May 2001.

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APPLICANT CONTENDS THAT:

He was commissioned as a second lieutenant in the Air Force Reserve  (AFRes)
Biomedical Sciences Corps (BSC) and given eight months constructive  credit.
 This commission date should provide for a DOR to captain of  30  May  2001,
and his current  DOR  of  16 December  2002  is  due  to  an  administrative
oversight of the AFRes unit.

The AFRes required that  an  AF  Form  709,  Promotion  Recommendation  Form
(PRF), be submitted for promotion consideration to  the  grade  of  captain.
His unit did not submit the PRF in time to meet the AFRes Central  Selection
Board (CSB) in April 2001 [sic].

He was informed in June 2001 that, due to an administrative  oversight,  his
records were  not  submitted  for  consideration  by  that  CSB.   The  Base
Military Personnel Flight (MPF) told him that there was  little  that  could
be done in that it was not mandatory in the AFRes that he be considered  for
promotion to the grade of captain with two years time-in-grade  (TIG)  as  a
first lieutenant.  The next  promotion  board  would  convene  in  May  2002
[sic], and his records would be considered by that board.  It was  also  his
understanding that no supplemental boards would be scheduled  prior  to  May
2002.

In December 2001, the  TIG  requirements  for  promotion  to  the  grade  of
captain were changed.  He was accessed into the Regular  Air  Force  (RegAF)
in February 2002, and was told  by  his  recruiter  that  he  could  not  be
accessed in a grade higher than his current grade of first lieutenant.   Had
he not have been a first  lieutenant  in  the  AFRes,  he  would  have  been
accessed into the RegAF as a captain given his  time  and  experience.   The
first RegAF promotion board for which he was eligible to be  considered  met
in September 2002, and he was selected for captain in December 2002.

In support of his appeal, he has provided copies of a letter  from  the  701
MDS/CC certifying his outstanding performance as a member of the  unit,  two
personal statements, a letter supporting the DOR change from the 10  AMDS/CC
and endorsed by the 10 MDG/CC, a draft PRF that was not signed or  submitted
to the AFRES CSB, an endorsement letter from AFRESL/MLL, a vMPF RIP  showing
DOR timeline,  an  Education  vMPF  RIP,  an  FY03  AFRES  Line  and  Health
Professions Captain Select List, a AFRES Change  to  TIG  for  Promotion  to
Captain (5 yrs TIG to 2 yrs TIG), an Officer SURF,  a  posting  of  a  AFRES
change TIG referencing a 200737Z December 2001 message, an FY03  AFRes  Line
and Health Professions Captain and Lieutenant  Colonel  Promotion  Selection
Boards Membership, an ARPCM 02-15 – TIG promotion Captain, and  his  Officer
Performance Reports (OPRs) from 1998 – 2007.

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

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STATEMENT OF FACTS:

A PRF for AFRes promotion consideration to the  grade  of  captain  is  only
required for those officers nominated and being  considered  by  a  Position
Vacancy (PV) board.   The  AFRes  does  not  require  a  PRF  for  promotion
consideration to the grade of captain by a  Mandatory  (In-or-Above-the-Zone
(I/APZ)) board.  Since his DOR as a first lieutenant was 23  May  1999,  the
applicant was not eligible for consideration by the June  2001  I/APZ  board
as the eligibility requirements were four years TIG (a DOR  of  30 September
1998, or earlier) and a Total Years Service  Date  (TYSD)  of  30  September
1995, or earlier.  His first  AFRes  promotion  consideration  by  an  I/APZ
board would have been in June 2002.

Based on his DOR as a first lieutenant (23  May  1999),  the  applicant  was
eligible to be nominated for PV consideration by the  FY02  AFRes  Line  and
Health Professions Captain PV Promotion Selection Board, which  convened  on
4 June 2001.  However, his senior rater did not  submit  a  nominating  PRF;
thus, he was not recommended or considered for promotion by that board.

The applicant was accessed to the Active Duty List (ADL) in  February  2002,
and was thus ineligible for any further AFRes promotion consideration.   His
name erroneously appeared on the FY03 AFRes promotion list as  his  transfer
to the ADL did not occur in time to delete him from the  AFRes  FY03  board.
Had he remained an AFRes asset,  his  DOR  as  a  captain  would  have  been
1 October 2002, the earliest effective date for any officer selected by  the
AFRes FY03 Promotion Board.  He was subsequently considered and selected  by
the  appropriate  RegAF  Captain  Promotion  Board,  and  given  a  DOR   of
16 December 2002.

In order to allow for implementation of all the provisions  of  the  Reserve
Officer Personnel Management Act (ROPMA) with as little negative  impact  as
possible, a 5-year transition period (1 October 1996 –  30  September  2001)
was provided to phase-in the promotion criteria outlined  in  the  new  law.
The ROPMA law allows a range  of  2-5  years  TIG  for  mandatory  promotion
consideration to the grade of captain, and does  away  with  time-in-service
(TIS) requirements.  During the transition period, the  AFRes  used  4 years
TIG to establish TIG eligibility for mandatory  promotion  consideration  to
the grade of captain,  and  phased-out  the  TIS  requirement.   Unlike  the
RegAF,  the  AFRes  does  not  utilize  the  Below-the-Promotion-Zone  (BPZ)
promotion process; rather, they utilize  the  PV  process  to  nominate  and
select deserving officers  for  accelerated  promotions  to  the  grades  of
captain, major, and lieutenant colonel.  During the ROPMA  phase-in  period,
the AFRes used 2 years  TIG  by  the  last  day  of  the  month  before  the
selection   board   convenes   to   establish   TIG   eligibility   for   PV
nomination/consideration to the grade of captain.  Upon  expiration  of  the
ROPMA 5-year-phase in period on 1 October 2001, the  4  years  TIG  criteria
for mandatory promotion consideration to the grade  of  captain  changed  to
five years; however, in December 2001, the Chief of the  Air  Force  Reserve
(AF/RE) readjusted the TIG requirement to  two  years,  effective  with  the
June 2002 board, and deleted all  PV  consideration  for  promotion  to  the
grade of captain.

The AFRes  PV  Promotion  Program  maintains  a  balanced  force  by  giving
commanders the means to  nominate  exceptionally  well-qualified  candidates
for promotion to fill vacancies in  the  AFRes  in  the  grades  of  captain
through lieutenant colonel.  Immediate supervisors and  senior  raters  base
their  nominations/recommendations  on  individual  merit  and  demonstrated
potential for service in the higher grade.  Officers are not entitled  to  a
PV nomination simply because  they  occupy  a  higher  graded  position,  or
because of their  seniority  to  any  other  officer.   PV  Boards  meet  in
conjunction with Mandatory Promotion Boards, and a  nominated  officer  must
occupy a position  with  an  authorized  grade  higher  than  the  officer’s
current grade, have an outstanding record with  at  least  50 credit  points
for   a   year   of   satisfactory   federal   service   during   the   last
Retention/Retirement (R/R) year, complete the required TIG by the  last  day
of the month before the selection board convenes, and remain assigned  to  a
Selected Reserve program  for  one  year  immediately  preceding  the  board
convening  date.   In  order   to   nominate   an   eligible   officer   for
consideration, senior raters complete a PRF which must arrive  at  ARPC  not
later than 60 days before the board convening date.

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AIR FORCE EVALUATION:

ARPC/DPB recommends denial as the applicant was considered and selected  for
promotion  on  time.   He  was  not  eligible   for   AFRes   PV   promotion
consideration because he was never nominated, and he has  not  provided  any
documentation of support for his case, or statements from the  senior  rater
indicating he would have, or that he did, nominate him in 2001.

The applicant has submitted an unsigned PRF  (which  is  missing  the  board
identifier and senior rater identifier), as well as  endorsements  from  his
current rating chain, his PRF  for  promotion  consideration  by  the  RegAF
major board, and various OPRs closing out after the June 2001  AFRes  board;
however, there is  no  indication  that  his  senior  rater  in  April  2001
supports the after-the-fact nomination for  promotion,  his  current  rating
chain cannot comment on his performance or the availability of  a  AFRes  PV
opportunity in 2001, and the PRF for the ADL major board is valid  for  that
board only.

The ARPC/DPB evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of a 10  December  2007  e-mail  from  AF/REPX
containing a brief explanation of ROPMA, a brief explanation of  the  5-year
ROPMA phase-in period, and a brief explanation as to the  subsequent  effect
of ROPMA on the promotion eligibility criteria for  promotion  consideration
to the  grade  of  captain  during,  and  upon  expiration  of,  the  5-year
transition period.  He also furnished copies of his 4 December  2007  letter
to  a  retired  major  general  soliciting  his  support,  a  21   September
2006 character reference letter from the  commander  of  the  701st  Medical
Squadron, and his  10  December  2007  letter  to  SAF/MRBR  addressing  his
application and the above documents.

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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation 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.  He was  not
eligible for AFRes PV promotion consideration in 2001 because he  was  never
nominated, and he has not provided any documentation or statements from  the
senior rater in 2001 indicating he would have, or that he did, nominate  him
in 2001, or that he supports an  after-the-fact  nomination  for  promotion.
Therefore,  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 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-2007-02992
in Executive Session on 8 January 2008, under  the  provisions  of  AFI  36-
2603:

                       Mr. John B. Hennessey, Panel Chair
                       Mr. Joseph D. Yount, Member
                       Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPB, dated 5 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 07.
    Exhibit E.  E-Mail, Applicant, dated 10 Dec 07, w/atchs.




                                   JOHN B. HENNESSEY
                                   Panel Chair