RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03247
		
  						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His record be allowed to meet a Special Board (SB) for position vacancy (PV) promotion consideration to the grade of lieutenant colonel.

APPLICANT CONTENDS THAT:

He and his chain of command were unaware of his eligibility to meet the U0514A board (convened 9 Jun 14) and had they been aware, he would have been nominated with a Promotion Recommendation Form (PRF) through proper channels.  His position number was incorrectly labeled as an O-4 but was in reality an O-5 billet.  His chain of command agrees that he has demonstrated the ability to perform in the grade of lieutenant colonel.

In support of his request, he provides a memorandum from the Defense Information Systems Agency Director, Joint Staff Support Center, dated 23 Mar 15, a Reserve point credit summary dated 16 Jul 15, and email traffic with the ARPC Total Force Service Center.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Jun 97.

On 17 Mar 07, the applicant was furnished an honorable discharge, and was credited with 9 years, 9 months, and 2 days of active service. 

On 18 Mar 07, he was appointed in the Reserve of the Air Force in the rank of captain. 

On 9 Sep 15, he was promoted in the Reserve of the Air Force to the rank of lieutenant colonel.  

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 strongly recommends denial indicating there is no evidence of an error or an injustice.  ARPC Memorandum (ARPCM) 14-03, CY14 Air Force Reserve Line and Nonline Lieutenant Colonel Promotion Selection Boards Convening Notice (attached to the advisory), was released to all Military Personnel Sections (MPS) in the Air Force, posted on the myPers website on or about 10 Jan 14, and contained all the requirements for promotion consideration, along with the instructions on how to get a listing of potential eligible officers for the PV board.  The “potential eligible officers” listing was pulled by date of rank only, and the units were directed in attachment 7 to verify if the officers meet remaining eligibility criteria.  The ARPCM clearly stipulated an AF Form 709, Promotion Recommendation Form (PRF), was required to meet the PV board and the deadline for submission of PRFs nominating officers for PV consideration was 25 Apr 14 and subsequently, no PRF nominating the applicant was received by ARPC/PB.  The senior rater listed in the system would have been the only individual authorized to submit this PRF.  If the PRF was not received by the 45-day mark, the member 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, ARPC/PB was compelled to hold to the requirement to receive a PRF by the 25 Apr 14 due date for the 9 Jun 14 U0514A board.  Any PRF accepted past the 45-day rule is not consistent with secretarial direction.  Only the Secretary of the Air Force (SecAF) 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.  In summary, the applicant has not proven the unit was unaware he could be nominated for the board; he failed to address why he did not monitor his own eligibility and address the error in advance of the board; and he has not proven his senior rater intended to nominate him. 

A complete copy of the ARPC/PB evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Mar 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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, 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 has not proven the unit was unaware he could be nominated for the PV given that the applicant’s name was included in a list of eligibles.  Nevertheless, we believe a preponderance of the evidence substantiates that corrective action is warranted.  The applicant has provided a memorandum, dated 23 Mar 15, and email correspondence, from the Defense Information Systems Agency, Joint Staff Support Center Director stating his position was in fact improperly coded.  Because of the erroneous position coding, the applicant and unit did not realize the applicant was eligible for PV promotion.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he meet a Special Board in lieu of the CY14 USAFR Lieutenant Colonel Position Vacancy (PV) Promotion Selection Board contingent on the completion of a Promotion Recommendation Form (PRF) nominating the applicant.  The PRF must be forwarded to Air Force Reserve Personnel Center (ARPC) before the Special Board will occur.

The following members of the Board considered AFBCMR Docket Number BC-2015-03247 in Executive Session on 16 Aug 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03247 was considered:

	Exhibit A.  DD Form 149, dated 10 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/PB, dated 24 Nov 15.
	Exhibit D.  Letter, AFBCMR, dated 8 Mar 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.