RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05184
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His non-selection for promotion to the grade of lieutenant colonel (Lt Col) on the 2014 and 2015 Air National Guard (ANG) Lt Col promotion boards be expunged from his record.

APPLICANT CONTENDS THAT:

Although his officer performance reports (OPRs) were submitted in a timely manner, during his 2014 promotion board there were no OPRs in his record and during his 2015 board there was only one OPR in his record.  As a result, he was not selected for promotion on either of these two boards.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Jul 03.  

On 13 Aug 07, the applicant was furnished an honorable discharge, and was credited with four years, one month, and eight days of active service.

Under Reserve Order PC-00729, dated 10 Dec 07, the applicant was appointed as a major in the Ready Reserve, effective 14 Aug 07.

Under Special Order A-116, dated 20 Sep 12, the applicant was appointed a Resident Trained Flight Surgeon in the Florida ANG in the grade of major, effective 15 Sep 12.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPRs), which is included at Exhibit C.

AIR FORCE EVALUATION:

NGB Officer Promotions recommends partially granting the applicant’s request, indicating there is evidence of an error or injustice.  According to Air Reserve Personnel Center Memoranda (ARPCM) 14-03 and 14-16, the applicant was not considered for or passed over for the CY14 ANG Line and Nonline Maj-Lt Col Mandatory Promotion Board.  In fact, the NGB has no record of the member meeting the CY14 board.  According to ARPCM 15-26, the applicant was non-selected for promotion at the CY15 ANG Line and Nonline Maj-Lt Col Mandatory Promotion Board.  However, according to ARPCM 16-16, the applicant met and was selected for promotion at the CY16 Board, and received a date of rank (DOR) of 1 Oct 16.

Title 10 United States Code § 14502, Special Selection Boards, Correction of Errors, states “(b) officers considered but not selected; material error: (1) In the case of an officer or former officer who was eligible for promotion and was considered for selection for promotion from in or above the promotion zone under this chapter by a mandatory promotion board convened under section 14101(a) of this title but was not selected, the Secretary of the military department concerned may, under regulations prescribed by the Secretary of Defense, convene a special selection board under this subsection to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that the mandatory promotion board did not have before it for its consideration material information.”

Due to the documents missing from his record during the CY15 Line and Nonline Maj-Lt Col Mandatory Promotion Board, and his non-selection for promotion at that Board, recommend the applicant receive Special Selection Board consideration for CY15.  

A complete copy of the NGB Officer Promotion’s 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 12 Aug 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice concerning the applicant’s request to expunge a record of non-selection for promotion on the CY14 ANG Line and Nonline Major and Lt Col Mandatory Promotion Selection Board.  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 NGB Officer Programs and adopt its rationale as the basis for our conclusion the applicant was not the victim or an error or injustice concerning CY14 ANG Line and Nonline Major and Lt Col Mandatory Promotion Selection Board.  Given the applicant was not considered or passed over by the CY14 Board, there is no non-selection to expunge from his record.  As such, we find no basis to grant the relief sought in this portion of the application.

4.  Notwithstanding the recommendation above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant expunging his non-selection for promotion on the CY15 ANG Line and Nonline Major and Lt Col Mandatory Promotion Selection Board.  We also agree with the NGB Officer Promotions recommendation that the applicant should receive Special Selection Board consideration for CY15.  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 as follows: 

	a.  His non-selection for promotion to the grade of lieutenant colonel (O-5) by the Calendar Year 2015 (CY15) Air National Guard Line and Nonline Major and Lieutenant Colonel Mandatory Promotion Selection Board be declared void and removed from his records.

	b.  He receive supplemental promotion consideration to the grade of Lieutenant Colonel for the Calendar Year 2015 Air National Guard Line and Nonline Major and Lieutenant Colonel Mandatory Promotion Selection Board. 

The following members of the Board considered AFBCMR Docket Number BC-2015-05184 in Executive Session on 21 Feb 17 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-2015-05184 was considered:

	Exhibit A.  DD Form 149, dated 7 Dec 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB, dated 20 Jul 16.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Aug 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.