RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04166

  	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

His 2017 non-selection to the grade of major be removed from his personnel record.

A Special Selection Board (SSB) consider him for the Calendar Year 2017 (CYl7) AFR Participating (PR) Line and Nonline Major Promotion Selection Board, V0417A.

He be reinstated into the Air Force Reserve (AFR).

APPLICANT CONTENDS THAT:

It was a combination of a lack of appropriate notification and counseling related to the 2016 Majors Promotion Board and subsequent administrative errors and incorrect guidance by AFR leadership in preparation for the 2017 Majors Promotion Board, which led to his unceremonious discharge from the USAF in Nov 17.

On 1 Oct 16, he was notified that he would be considered by the 2017 Major Promotion Selection Board.  On 2 Oct 16, he contacted his leadership at Defense Intelligence Agency (DIA) to find out the status of a missing Officer Performance Report (OPR) that was submitted to AFR and DIA leadership for signature and submission to AFPC.  He received an email on 13 Oct 16 stating that an Electronic Officer Selection Record review identified zero discrepancies with his records.  He sent several emails to his leadership requesting assistance with locating the OPR.  In response, he received notification from the Non-Commissioned Officer In-Charge (NCOIC) of the Integration Branch at DIA that his 2015 OPR was in fact already submitted to AFPC.  The NCOIC informed him that once the 2015 OPR was in the system, he would be required to submit a Directed by Headquarters OPR for the period of Jan through Nov 16 for the major's board, which would have a closeout date several months prior to the end of his normal OPR cycle.  Complying with the NCOIC's guidance, he prepared a Directed by Headquarters OPR and submitted it to his leadership for signature and routing on 6 Nov 16; however, that guidance was later found to be incorrect.

He was not aware that his 2015 OPR was submitted to AFPC by DIA with errors and returned for correction on at least nine occasions from October 2016 - April 2017, which prevented his 2016 OPR from ever being submitted to AFPC prior to the January 2017 promotion board. 

After being notified of his second non-selection for promotion, he requested and received Post Board Counseling Feedback from AFPC on 2 May 17. During the phone counseling session, an AFPC representative informed him that his non-selection during the 2017 promotion board was most likely the result of an unexplained break in service, missing records, lack of a  recent award, and noted that some of his OPRs could have included a more specific “job push.” AFPC informed him that they would not convene a SSB because they did not assess that the administrative errors were the fault of AFPC.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant met the CY16 AFR PR Line and Nonline Major Promotion Board and the CYl7 AFR PR Line and Nonline Major Promotion Selection Board on 1 Feb 16 and 30 Jan 17, respectively.  He was not selected for promotion by either board.  

After being twice passed over for promotion to the grade of major, he received an honorable discharge on 1 Nov 17 in the grade of captain.  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 approval.   In accordance with Title 10, U.S.C., section 14505, a captain who has failed of selection for promotion to the next higher grade for the second time and has not been continued is separated on the first day of the seventh month following approval of the board.  The applicant was accurately given a 1 Nov 17 separation date.  However, he was eligible to meet the CY16 AFR PR Line and Nonline Major Promotion Board, which convened on 1 Feb 16, based on his date of rank of 21 Apr 10; he was considered but not selected for promotion.  By way of background, the following is provided:

	His OPR with a closeout date of 30 Jan 15 was signed on 28 Jan 16 and should have been part of his officer selection record when he met the CY16 AFR PR Line and Nonline Major Promotion Board.

	He then met the CYl 7 AFR PR Line and Nonline Major Promotion Selection Board on 30 Jan 17; however, he was once again not selected.

	His 30 Jan 16 OPR was signed on 27 Nov 16 and should have been part of the applicant's officer selection record when he met the CYl7 AFR PR Line and Nonline Major Promotion Board.

The applicant provided a letter from the Reserve Director for the Director of Operation at the Defense Intelligence Agency (DIA) regarding the administrative errors that occurred by the AFR staff at the DIA between Mar 14 and Feb 17.  In the letter, the Reserve Director states that DIA has had a history of "administrative underperformance/non-compliance,” which he provides specific details regarding these administrative errors.  In addition, the applicant provided copies of emails, dated between Sep 16 through Apr 17, where he checked on the status of his 30 Jan 15 and 30 Jan 16 OPRs.  Should the Board elect to grant the request, an SSB will be scheduled and the applicant's record will appear as if would have for the CYl7 Major Promotion Board.  

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 11 Jun 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.

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:

	a. His non-selection to the grade of major for Calendar Year 2017 (CY17) be removed from his records. 

	b.  He be considered for promotion to the grade of Major by a Special Selection Board (SSB) for the CY17 Air Force Reserve (AFR) Participating (PR) Line and Nonline Major Promotion Selection Board, V0417A.

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-2017-04166 in Executive Session on 18 Jul 18:

, 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 22 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, dated 23 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 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-2017-04166.