RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04338

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

He receive Special Board (SB) consideration in lieu of the CY16 USAFR Line Lieutenant Colonel (Lt Col) Position Vacancy (PV) Promotion Selection Board.

APPLICANT CONTENDS THAT:

He was nominated to meet the FYI 6 USAFR Line Lt Col PV Promotion Selection Board by his senior rater, but the servicing Military Personnel Section (MPS) failed to properly submit his Promotion Recommendation Form (PRF).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Air Force Reserve in the grade of major (O-4).  

According to documents submitted by the applicant, on 26 Oct 16, ARPC/DT returned his 21 Sep 16, AF Form 948, Application For Correction/Removal of Evaluation Reports, issuing the Evaluation Reports Appeal Board (ERAB) decision-“without action.”  They opined the promotion board works under the assumption that evaluation reports are accurate and objective. Therefore, he must provide strong evidence to overcome the report’s presumed validity.

The applicant was promoted to the grade of Lt Col (O-5) effective and with a date of rank (DOR) of 27 Sep 17.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/PB recommends granting the application.  In order for any officer to meet the optional PV promotion board, the officer must meet all required eligibility factors and HQ ARPC/PB must receive the nomination by the set suspense date, 45 days before the board convenes. The means of nominating an officer is by a PRF that contains the position number the officer occupies.  No nominating PRF was submitted to HQ ARPC/PB.  An examination of the applicant's record shows he met all the required eligibility factors and would have met the board had the nominating PRF been received.  The applicant has provided a statement from the 355 FSS/FSMP stating the nominating PRF was not submitted due to an administrative and training error.  The applicant's BCMR package contains the nominating PRF.  Per SAP /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, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, for PV PRFs if not received by the 45-day suspense.  ARPC/PB does not have the authority to grant an SB for a late PRF.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of ARPC/PB and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 he meet a Special Board (SB) in lieu of the CY16 USAFR Line Lieutenant Colonel PV Promotion Selection Board.  If selected, the date of rank and effective date would be 13 September 2016, based on public release date.  

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04338 in Executive Session on 9 Oct 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 25 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, pertaining to . Docket Number BC-2016-04338.