RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-01909
		INDEX CODE:  131.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for position vacancy (PV) promotion by a Special Review Board (SRB) for the Fiscal Year 2002A (FY02A) Reserve of the Air Force (ResAF) Lieutenant Colonel PV Board.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

Due to administrative error, over which he had no control, he was not considered for PV promotion by the FY02A board.

The applicant states that although his Promotion Recommendation Form (PRF) was completed on time, his Military Personnel Flight (MPF) failed to forward it to the promotion board by the due date.  The PRF was initially mailed on 7 May 2001 but was lost in the mail and not received by the board.  A second mailing of his PRF was received by ARPC on 24 May 2001, which was too late to be consideration by the FY02A board.

In support of the appeal, applicant submits a copy of his PRF that was prepared for the FY02A board, and statements from the Air Force Reserve Advisor for Air Force Materiel Command (AFMC), the Mobilization Assistant to the Commander, Air Force Flight Test Center (AFFTC/MA), and the Base Individual Mobilization Augmentee (IMA) Administrator.

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

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB reviewed this application and recommended denial.  They state that the eligibility processing of each individual nominated for PV promotion begins when the appropriate PRF is received from the nominating senior rater.  This requires verifying participation, assignment, grade of position for which nominated, time in grade, time on active duty list and/or Reserve Active Status List, actual vacancies available, the nominee is the incumbent to the position (not an overage) the unit/organization has funding for the position through at least one year after the convening of the selection board, and that the unit is not scheduled for deactivation within one year of the board convening date.  This verification process is time consuming and exacting.  Any amount of time less than 45 days allows for errors and further injustices to both the selection boards and the members.  The PRF submission date is very clear and published ahead of time in both the Air Force Instruction (AFI) and the Air Reserve Personnel Center Manual (ARPCM).  There is no question as to how many days before the convening date of a selection board or even the precise date of the suspense.  There is no way to go back to June 2001 and establish whether the applicant actually met the eligibility criteria for the selection board.

The Air Force evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and provides a statement from the Mobilization Assistant to the Commander, AFMC indicating that he was not considered for PV promotion as a result of management and system failures, rather than either his, or his supervisor’s negligence or error.

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 probable error or injustice.  In this respect, we note that the governing Air Force Instruction (AFI) requires that PRFs be submitted 45 days prior to the convening of Position Vacancy (PV) selection boards.  However, it appears that ARPC was allowing submissions of PRFs to be submitted late.  Due to the time required to verify an officer’s eligibility for consideration, ARPC now follows their instruction and any PRF received late, the officer is not considered for promotion.  The evidence before this Board reveals that the applicant’s organization had contacted ARPC on several occasions concerning the submission of the PRF and was not informed that the PRF had to be received 45 days before the convening of the selection board.  We believe that the Air Force should have informed the applicant’s Base Individual Mobilization Augmentee (IMA) Administrator that if the PRF was not received within 45 days of the convening of the selection board, the applicant would not be considered for promotion.  In view of the above and to offset any possibility of an injustice, we believe that the applicant’s record, to include a PRF, should be considered for promotion to the Reserve grade of lieutenant colonel by Special Review Board for the FY02 Lieutenant Colonel PV selection board.  Therefore, we recommend his record be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the attached Promotion Recommendation Form, AF Form 709, be considered for promotion to the Reserve grade of lieutenant colonel by a Special Review Board (SRB); that his record be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 2002 Air Force Reserve Lieutenant Colonel Position Vacancy Selection Board; and, if he is recommended for promotion by Special Review Board, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date, so that all necessary and appropriate actions may be completed.

If he is not recommended for promotion by the Special Review Board, the Office of Primary Responsibility advise him of the recommendation of the Special Review Board.

________________________________________________________________

The following members of the Board considered this application in Executive Session on 20 November 2001, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

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

   Exhibit A.  DD Form 149, dated 5 July 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 30 August 2001, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 7 September 2001.
   Exhibit E.  Letter, Applicant, dated 1 October 2001, w/atchs.

			

AFBCMR 01-01909

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 APPLICANT, to include the attached Promotion Recommendation Form, AF Form 709, be considered for promotion to the Reserve grade of lieutenant colonel by a Special Review Board (SRB); that his record be evaluated in comparison with the records of officers who were and were not selected by the Fiscal Year 2002 Air Force Reserve Lieutenant Colonel Position Vacancy Selection Board; and, if he is recommended for promotion by Special Review Board, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest practicable date, so that all necessary and appropriate actions may be completed.

	If he is not recommended for promotion by the Special Review Board, the Office of Primary Responsibility advise him of the recommendation of the Special Review Board.

		

Attachment:
Promotion Recommendation Form (PRF)