RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01335 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His AF Form 709, Promotion Recommendation (PRF), be placed in his records and he meet a special board for Position Vacancy (PV) promotion consideration to the grade of major (O-4). APPLICANT CONTENDS THAT: Due to an administrative error, his Air Force unit and its Commanders Support Staff (CSS) did not submit his PRF to the promotion board by the suspense. Thus, his record was not reviewed by the promotion board. In short, the suspense was set for the day after Thanksgiving; although the Air Reserve Personnel Center (ARPC) emailed reminders of the suspense falling on a holiday, the CSS was in the process of moving and never forwarded the reminders to his unit. His unit submitted the PRF immediately after the holiday, but ARPC refused to accept the PRF. His Unit Manning Document (UMD) billet remains funded for at least one year after the promotion board convened, allowing him to be promoted into that position via a Special [Selection] Board (SSB). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of captain (O-3). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/PB recommends denial, indicating there is no evidence of an error or injustice. The PRF was not accepted by HQ ARPC/PBE because it was not submitted by the established suspense. The applicant's senior rater and unit's CSS were unable to meet the suspense date for submission. The memorandum from the senior rater states that the CSS did not notify the unit of the impending suspense, despite advanced warning emails from ARPC. In order to accommodate its diverse customer base, HQ ARPC/PB provides board-convening notices several months prior to the board. Unlike the mandatory PRF, the PV PRF suspense is not an “administrative suspense.” The date established in the board convening notice is actually the date that triggers eligibility for the board. The one document that triggers that eligibility and the building of the board record is the PV PRF. If the PRF is not received by the 45-day mark, the member technically is not PV eligible. Per SAF/GCI, the convening notice is a Secretarial act in support of the Secretarial process, and there is no additional waiver authority in AFI 36-2504, Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, for PV PRFs. Therefore, they are compelled to hold to the 29 Nov 13 due date for the 13 Jan 14 major's board. Any PRF accepted past the 45-day rule is not consistent with Secretarial direction. Only Secretary of the Air Force can give authority to deviate from the 45-day suspense and then the extension would be opened up to the entire AFR population for additional nomination opportunities. Requirements for submission of PV nominations were established and published six months prior to the suspense date. Adequate advanced notice was provided to all Military Personnel Sections (MPS) so officers could be nominated and that nomination would be received by the established eligibility date. A complete copy of the ARPC/PB evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contests the argument of the OPR as they are not assigning responsibility in the right place. He doesn’t dispute the ARPC deadlines were communicated to the CSS servicing his unit; however, the reminder messages did not get forwarded to the right people in his unit to meet the suspense. Further, he asserts the ultimate ability to meet the suspense date was well beyond the control of the individual. He did his part to control what he could control, by providing input to his promotion package and meeting all his internal unit suspenses. He went so far as to write a letter to the promotion board explaining his situation. Additionally, he provided several examples of exemplary contributions he has made during multiple deployments and this injustice is a significant blow to a distinguished career. 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 an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we believe the applicant is the victim of an error or injustice. We note the comments of ARPC/PB indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that no error or injustice occurred by the promotion board for not accepting his PRF after their suspense date; however, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant has provided convincing statements attesting to his limited role in the administrative process of his unit meeting established suspense dates from higher headquarters. Furthermore, the letter from the applicant’s chain of command was significantly compelling as it indicates that errors were made that were ultimately beyond the applicant’s control. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his record, to include a copy of his AF Form 709, Promotion Recommendation Form, prepared for the Calendar Year 14 Major Position Vacancy (PV) Board, be considered for promotion to the grade of major by a Special Board in lieu of the CY14 Major PV Promotion Board. The following members of the Board considered AFBCMR Docket Number BC-2014-01335 in Executive Session on 25 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? All members voted to recommend granting the recommended relief. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01335 was considered: Exhibit A. DD Form 149, dated 14 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/PB, dated 24 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14. Exhibit E. Letter, Applicant, dated 27 Aug 14.