RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-05136

HEIDI D. SIZEMORE	COUNSEL:  NONE
	
	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

She be given Special Selection Board consideration for the Calendar Year 2019 (CY19) Air National Guard of the United States (ANGUS) Line and Nonline Major and Lieutenant Colonel Promotion Selection Board.

APPLICANT’S CONTENTIONS

Her 6 March 2013 to 16 May 2018 gap report, to include her Bureau Directed Officer Performance Report (OPR) for the period 17 May 2018 to 15 January 2019, were never placed in her record prior to the CY19 ANGUS Line and Nonline Major and Lieutenant Colonel Promotion Selection Board convening on 15 April 2019.   

She and her unit were under the assumption the required documents were in her record and were never notified otherwise.  However, it was not until the board results were released that she and her unit were notified the documents were missing from her record.  In addition, the Joint Forces Headquarters-CO (JFHQ-CO) was notified by the Air Reserve Personnel Center (ARPC) that her gap report, 2019 OPR and personal letter to the board were submitted in April 2019.   However, she was never notified by ARPC about the discrepancies.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard (ANG) captain (Capt/O-3).  

On 5 March 2010, the applicant was appointed a second lieutenant (Nurse Corps (NC)) in the Regular Air Force.  On 5 March 2013, she was separated with narrative reason for separation of “Completion of Required Active Service,” and credited with three years and one day of active service. 

On 6 March 2013, the applicant was appointed a captain (NC) in the Reserve of the Air Force (AFR).    

On 9 November 2014, per Reserve Order FY15-A-35, dated 3 December 2014, the applicant was transferred to the Inactive Ready Reserve (IRR). 
On 2 May 2018, the applicant was reassigned from the Obligated Reserve Section (ORS) to the Non-obligated Non-participating Ready Personnel Section (NNPRS).  

On 17 May 2018, per AF Form 133, Oath of Office (Military Personnel) the applicant was appointed a captain in the AFR. 
 
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 applicant’s request for a SSB in lieu of the CY19 ANGUS Line and Nonline Major and Lieutenant Colonel Promotion Selection Board.  In addition, PB recommends the Board direct the signature on the applicant’s gap report be backdated to a date of 14 April 2019 or earlier, to allow inclusion in the applicant’s SSB record.  Should the applicant be selected by the SSB, her date of rank (DOR) will be the date she completes the required time in grade (TIG) of seven years, signature by the approval authority, or 1 October 2019, whichever is later.  

Based on a review of the applicant’s “as met” record in the Personnel Records Display Application (PRDA), the applicant’s letter to the board was part of her records that met the board.  However, the gap report and Bureau-directed OPR were not part of her records that met the board.  As noted by the applicant’s wing commander, she did attempt to get these reports in her record prior to the board convening date.  Nevertheless, both the OPR and the gap report are now in the applicant’s Automated Records Management System (ARMS) record.  

In accordance with (IAW) ARPCM 18-29, CY ANGUS Line and Nonline Major and Lieutenant Colonel Promotion Selection Boards Convening Notice, paragraph 12, “directed by National Guard Bureau (DBNGB)/directed by headquarters (DBH) OPRs are required on officers who meet any of the following criteria: (1) the most current OPR is projected to close-out between Day-90 and Day-1; (2) the most current report on file is an AF IMT 77, Letter of Evaluation, documenting a gap in the record of performance; or (3) the most current report on file is an AF IMT 475, Education/Training Report, documenting training less than 20 weeks duration.”  The decision to us a gap report to cover the period of missing OPRs from 2013-2018 made a DBNGB OPR a requirement for the applicant and a required document for the board.  

IAW Title 10, United States Code (USC), §14502, a SSB may only view the documents that would have been available to the original board.  Based upon further review, the applicant’s gap report was not signed until 17 July 2019, which was after the board convening date (15 April 2019), and prevents inclusion of this document in the applicant’s record should a SSB be granted for this board.  In addition, the applicant has not applied to the Evaluations Review Appeals Board (ERAB) to adjust the signature date on the gap report.  However, the Board has the authority to direct backdating of the signature on this document, and by doing so would enable it to be included in a SSB.  

The complete advisory opinion, with attachments, is at Exhibit C.
APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 April 2020 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/PB and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

	a.  The AF Form 77, Letter of Evaluation (LOE) for the period 5 March 2013 thru 16 May 2018, be amended to reflect the “date signed” as 13 April 2019 rather than 17 July 2019. 

	b.  Her record, to include the AF Form 77, be considered for promotion to the grade of major by a Special Selection Board (SSB) for the Calendar Year 2019 Air National Guard of the United States (ANGUS) Line and Nonline Major and 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-2019-05136 in Executive Session on 12 and 15 May 20:

, 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 4 December 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/PB, w/atchs, dated 31 January 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 April 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9, for Docket Number BC-2019-05136.