RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02387

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: YES 

APPLICANT REQUESTS THAT:

He receive special selection board (SSB) consideration for the CY17 AFR Major Line and Nonline Promotion Selection Board.

In a separate request (BC-2017-02395), which was administratively closed and consolidated with this application), he receive special board (SB) consideration for the CY15 AFR Line and Nonline Major Promotion Vacancy (PV) Promotion Selection Board.  

APPLICANT CONTENDS THAT:

His most recent award was not included in his board package although it was in his personal record display area (PRDA) prior to the convening of his 2017 board.   He was under the impression it was in his board package since it was on his PRDA.  He was also alarmed to learn that his Army and Navy officer evaluation reports (OERs) were a detriment to his fair consideration for promotion.  In support of his request, he provides a letter of support from the Director, Nuclear Enterprise for Defense Threat Reduction Agency (DTRA).  

He was eligible for PV promotion to major in 2015 per AFI 36-2501, Officer Promotions and Selective Continuation.  However, an error to his date of rank (DOR) occurred during his transfer, which precluded him from PV promotion consideration.  He did not apply for SB consideration in 2015 as he anticipated promotion selection by the major’s promotion board and was unaware of the process.  A promotion recommendation form (PRF) rather than a promotion package generated from on-line records depicting his unorthodox but successful career would have been presented to the 2015 PV board.  He provides a letter of support from the Director, Nuclear Enterprise for DTRA.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a captain in the Air Force Reserve.  

Per ARPC IMT 92, Appointment Order, dated 12 May 14, the applicant was approved for transfer from the Army National Guard to the Air Force Reserve on 5 May 14 with a DOR for captain of 21 Mar 10.  

On 28 Jun 17, ARPC/DPTTS informed the applicant his mandatory separation date (MSD) was adjusted to 1 Nov 20.    

The military personnel data system (MILPDS) shows he is projected for promotion to major with DOR of 1 Oct 18.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and E.

AIR FORCE EVALUATION:

ARPC/PB recommends approval for a SB for the CY15 AFR Line and Nonline Major Position Vacancy Promotion Selection Board, provided the senior rater submits a PRF nominating the applicant.  The applicant would have been identified eligible for the 2015 PV board had his DOR been corrected in the MILPDS.   With the corrected DOR of 21 Mar 10, he would have been a potential eligible for the CY15 Major PV Promotion Selection Board and could have been nominated by his senior rater.  The senior rater indicates he would have nominated the applicant for PV to major in 2015.  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 30 Mar 18 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

In a revised advisory, ARPC/PB again recommends approval for SB consideration for the CY15 AFR Line and Nonline Major PV Promotion Selection Board.  

ARPC/PB, however, recommends denial of the request for a SSB for the CY17 AFR Major Line and Nonline Promotion Selection Board.  The applicant was considered but not selected for promotion.  His record indicates the decoration was updated but the citation was missing.  The applicant has provided no documentation to show he exercised reasonable diligence in identifying or correcting his records prior to the convening of the board as required by DODI 12301.11, Special Selection Boards, and AFI 36-2504, Officer Promotion and Selective Early Removal in the Reserve of the Air Force.   The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the revised Air Force evaluation to the applicant on 1 Aug 18 for comment (Exhibit F), 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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an injustice or error regarding part, but not all, of his request.  In particular, the applicant has provided sufficient evidence to justify granting the applicant’s request for special board (SB) consideration for the CY15 AFR Line and Nonline Major PV Promotion Selection Board.  However, we find insufficient evidence to grant his request for SSB for the CY17 AFR Line and Nonline Major Promotion Board.  In view of the above, we concur with the rationale and recommendation of the revised ARPC/PB advisory dated 7 May 18.  Therefore, the Board recommends correcting the applicant’s records 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 the Board’s understanding of the issues involved.

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 receive special board (SB) for the CY15 AFR Line and Nonline Major PV Promotion Selection Board.  

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

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-2017-02387 in Executive Session on 11 Sep 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-02387:

Exhibit A:	Application, DD Forms 149, w/atchs, dated 18 Apr 17.  
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 20 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Mar 18.
Exhibit E: Advisory opinion, ARPC/PB, dated 7 May 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 1 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.