RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04798

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

He be granted special selection board (SSB) consideration for promotion to lieutenant colonel.  

APPLICANT CONTENDS THAT:

He was denied promotion due to a mistake on his officer pre-selection brief (OPB) and officer selection brief (OSB) reflecting incorrect points for his retention/retirement (R/R) year for Mar 16 to Mar 17.

He was advised by his MyPers post promotion board counselor he should be eligible for an SSB due to the mistakes on his OSB.   However, it was ruled he was not eligible for SSB consideration because he should have noticed the mistake on his OPB.  It is unreasonable to expect an officer who is not in the personnel career field to notice every R/R year point total mistake on their OPB.  The point total mistake on his OPB for his Mar 16 to Mar 17 R/R year is very obscure and easy to overlook.   The e-mail notifying him of his eligibility for promotion was also sent 7 months before the lieutenant colonel promotion board.  The OPB gives the appearance he was a part-time Reservist with a bad R/R year of less than 50 points, although he changed status to AGR on 28 Jun 16.  

He exercised due diligence by informing MyPers on 28 Jun 16 he had changed status to an AGR.    It is unreasonable to require Air Force members to continuously follow-up to ensure R/R year point totals are updated.  He also did not have an opportunity to review his OSB before his promotion board.  The OSB was created on 8 Jun 17 and the promotion board was held a few days later, from 12 to 16 Jun 17.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a major in the Active Guard Reserve (AGR).  
Special Order AA37KU dated 20 Apr 16, shows the applicant was placed on extended active duty with an effective date of duty of 28 Jun 16 and a date of separation (DOS) of 31 Jul 19.

The applicant provides a copy of his OSB dated 8 Jun 17, which shows he had 1 active duty (AD) and 13 Inactive duty (IDT) points and an unsatisfactory year of service for his  Mar 16 to Mar 17 R/R year.    

On 16 Oct 17, the applicant was notified he was not eligible for a SSB per AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Air Force Reserve, which states eligible officers must review and monitor their own eligibility and ensure their selection record is correct and up to date before the convening of the selection board.  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 denial.  The applicant has provided no documentation to show he exercised reasonable diligence in identifying or correcting the errors as required per DODI 1320.11, Special Selection Boards, and AFI 36-2504.  The ARPCM, CY17 Air Force Reserve Line and Nonline Lieutenant Colonel Promotion Selection Boards Convening Notice, dated 27 Dec 16, Attachment 3, states officers will not be considered by an SSB, if in exercising reasonable diligence, the officer should have discovered an error or omission in their record and could have taken timely corrective action.  

The applicant was assigned as a Unit AGR when the board convened on 12 Jun 17.  Unit AGRs are coded in the Air Force Promotions System as “RES-UNIT-TRAD’L” which is reflected on his OPB and OSB.  The applicant also had the option to write a letter to the board calling attention to the matter; however, no letter was received addressing the incorrect information.  There is no evidence to prove the board acted contrary to law or regulation and the applicant has not provided any evidence he attempted to correct the errors prior to the board convening.   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 12 Jun 18 for comment (Exhibit D).  In a letter dated 5 Jul 18, he states he exercised reasonable diligence by informing MyPers his status had changed to AGR on 28 Jun 16.  He provided MyPers a copy of his AGR orders on 3 Nov 16, 7 months before his promotion board.  MyPers should have updated his record and his R/R year point total, which they failed to do.  

It is unreasonable and unfair to hold him to a higher standard of accountability than AFRC and MyPers personnelists, which is what is happening in this situation.  He is expected to notice an obscure mistake on a form while AFRC and MyPers personnel are given latitude for failing to update his R/R year point total and for failing to keep it updated, after he provided them a set of orders 7 months prior to his promotion board.  

AFRC and MyPers should be updating his R/R year point total on a monthly basis but they are not.  He had to call again in Apr 18 to open a new ticket for his promotion board, which met in Jun 18.  In support of his request, he provides discussion thread with MyPers dated 20 Apr 18.  The applicant’s complete response is at Exhibit E.  

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 the applicant is the victim of an error or injustice.  While ARPC/PB recommends denial stating he did not exercise reasonable due diligence in correcting the errors on his OSB and OPB prior to the convening of his promotion board, we disagree.  Although we do not dispute the applicant failed to notice the “bad”  R/R year for Mar 16 to Mar 17 on his OPB and OSB, we find it unreasonable and not in the interest of justice to hold him solely responsible given the failure of Air Force personnel to update his correct status.  In this respect, we note the applicant was placed on AGR orders on 28 Jun 16; however, his status was not changed and his point credit history was not updated in Jun 17 when his promotion board convened.    The applicant provided MyPers a copy of his AGR orders prior to the convening of his promotion board and had no reason to doubt his personnel records reflected his correct status.  Further, it is the responsibility of MyPers to ensure regular update of the point credit accounting reporting system (PCARS).  Moreover, the applicant in his rebuttal response provides further evidence of his ongoing effort to have his point credit history corrected for his Jun 18 promotion board.  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 he be considered by a special selection board (SSB) for promotion to lieutenant colonel for the CY17 AFR Lieutenant Colonel Promotion Selection Board.

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-2017-04798 in Executive Session on 17 Jul 18 and 2 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-04798:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, w/atch, dated 24 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 18.  
Exhibit E: Applicant’s response, w/atch, dated 5 Jul 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.