RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02981

XXXXXXXX	COUNSEL: NONE	 

  		HEARING REQUESTED: NO	 

APPLICANT’S REQUEST

1.   She receive special selection board (SSB) consideration for the P05618E Lieutenant Colonel (O-5) Central Selection Board (CSB).  (ADMINISTRATIVELY CORRECTED). 

2.   The nonselections for promotion for lieutenant colonel be set aside until after the convening of the SSBs.  

APPLICANT’S CONTENTIONS

She is scheduled to meet an SSB for the P0519C promotion board per the AFBCMR Directive in her prior case (BC-2019-04416).  The prior nonselections for promotion have caused her to have a mandatory separation date (MSD) of 31 Dec 21.  She requests the nonselections be set aside until after the SSB has convened.  She will be submitting an application to the Evaluation Reports Appeal Board (ERAB) for correction of her affected promotion recommendation forms for the 2018, 2019 and 2020 lieutenant colonel CSBs.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a major (O-4) in the Air Force.

In a DD Form 149, Application for Correction of Military Record, dated 28 Aug 19, the applicant contended she was unjustly charged with sexual assault and requested the Board correct her record as follows:  

1.	Her nonjudicial punishment (NJP) dated 15 Oct 18 be declared void and removed from   her record.

2.	Her security information file (SIF) be expunged and the suspension of her clearance access be restored.

3.	Her unfavorable information file (UIF) be removed.

4.	She be authorized SSB consideration for promotion to lieutenant colonel for all cycles, beginning with P0519C.

5.	Her referral officer performance report (OPR) for the reporting period 3 Dec 17 to 2 Dec 18 be declared void and removed from her record.

On 11 Mar 21, the Board determined the applicant’s commander relied on bad information in administering of the NJP and concurred with the rationale and recommendation of DAF/JA that the applicant’s records be corrected as requested.  

On 28 Jun 21, the applicant was informed she was considered but not selected for promotion by the CY21B Lieutenant Colonel NC CSB.  

On 30 Jun 21, the applicant’s force support squadron (FSS) informed the applicant due to her second nonselection for promotion, she would be involuntarily separated on 31 Dec 21.  

On 14 Sep 21 (BC-2021-02961), AFPC/DP2SPP administratively corrected the applicant’s request for SSB consideration for the CY18E Lieutenant Colonel Nurse Corps (NC) CSB.  

AIR FORCE EVALUATION

AFPC/DP2S recommends granting the applicant’s requests her promotion nonselections for the CY19C and CY20C Lieutenant Colonel NC CSBs be removed from her record.  The applicant met and was nonselected on two promotion boards with an Article 15, referral OPR and UIF in her records.  The board may have been prejudiced by the derogatory information the AFBCMR removed in BC-2019-04416.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 1 Nov 21 for comment (Exhibit E), and the applicant replied on 2 Nov 21.   The applicant accepts the recommendation.  

The applicant’s complete response is at Exhibit F.

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 AFPC/DP2S for removal of the nonselections for promotion to lieutenant colonel from her records and finds a preponderance of the evidence substantiates the applicant’s contentions.  The applicant’s request for SSB for the CY18E Lieutenant Colonel Nurse Corps (NC) CSB was administratively corrected in BC-2021-02961; accordingly, no further action by the Board is required for this portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show her nonselections for promotion to the grade of lieutenant colonel (O-5) for the CY19C P0519C Lieutenant Colonel Nurse Corps Central Selection Board and CY20C P0520C Lieutenant Colonel Nurse Corps Central Selection Board be void and removed from her records.  

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-2021-02981 in Executive Session on 2 Dec 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Sep 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  BCMR Directive (BC-2019-04416), w/atchs, dated 18 Aug 21.  
Exhibit D:	Advisory opinion, AFPC/DP2S, dated 1 Nov 21.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 1 Nov 21.
Exhibit F:	Applicant’s Response, dated 2 Nov 21.
Exhibit G:	Administrative Correction, BC-2021-02961, dated 14 Sep 21.  

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.