RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03530

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

He be provided special board (SB) consideration for a Position Vacancy (PV) promotion to Lieutenant Colonel (0-5) for the CY 21 Air Force Reserve Line and Non-Line Lieutenant Colonel PV Promotion Selection Board.

APPLICANT’S CONTENTIONS

He and his commanders submitted his PRF on time, but was he was later alerted by his military personnel flight (MPF) that the senior rater had submitted his PRF four days late to ARPC and he would need to submit for a correction as soon as possible.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve major (O-4).

According to ARPCM 20-31, CY 21 Air Force Reserve (USAFR) Line and Non-Line Lieutenant Colonel PV Promotion Selection Boards Convening Notice, 10 Dec 20 (updated 5 Mar 21), officers in the grade of major (O-4) were eligible for a Lieutenant Colonel (O-5) Position Vacancy (PV) if they had a date of rank (DOR) of 30 Sep 16 or earlier provided they were the incumbent in the higher graded position, had a satisfactory year of service the year primary, the primary and duty AFSC matched the position, the position was funded for one year past the board convene date (7  Jun 21), and a PRF was signed and submitted by the applicant’s senior rater via MyPers by 23 Apr 21.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, 9 Jan 03:

2.5. Purpose of the PV Program. Promotions under this program maintain a balanced force by giving commanders the means to nominate exceptionally well qualified candidates for promotion to fill vacancies in the grades of captain through lieutenant colonel in the Air Force Reserve.

2.5.1. Immediate supervisors and senior raters base their recommendations on individual merit and demonstrated potential for service in the higher grade. Officers are not entitled to a PV nomination simply because they occupy a higher graded position or because of their seniority to any other officer.

2.6. Vacancy Determination. For PV promotion nomination to the grade of captain through lieutenant colonel, the officer must occupy a position with an authorized grade higher than the officer’s current grade. Base the vacancy determination on the following criteria.

2.7. Eligibility Criteria.

2.7.2. Officers nominated for PV promotion must occupy, or be reassigned to, the position for which nominated at the time of submission of the PRF. To receive the promotion, the officer must be assigned to the position for which nominated, at the time of the public release of the board’s results.

2.7.2.1. The unit in which the vacancy exists cannot be scheduled for deactivation within 1 year
of the board's convening date.

2.7.2.2. The position must be authorized at a higher grade than the nominee’s current grade. The
grade must not be lowered and the position must remain on the Unit Manning Document (UMD)
and be funded for at least one year from the board’s convening date.

2.7.3. Are recommended by their senior rater on a PRF.

AFI 36-2406, Officer and Enlisted Promotions Systems, 8.2.4.2. The senior rater will complete the PRF in enough time to arrive at ARPC not later than 45 calendar days before the central selection board.
AIR FORCE EVALUATION

ARPC/PB recommends denying the application.  In accordance with AFI 36-2504, in order to meet a PV promotion board, an officer must be nominated by their senior rater via a PRF containing the position number the officer occupies. Furthermore, the officer must also occupy a position with an authorized grade higher than the officer’s current grade, and the position cannot be scheduled for deactivation within 1 year of the board’s convening date. It should also be noted that PV promotion boards are not mandatory boards. If a senior rater has an officer they want to nominate and all eligibility factors have been met, then they must submit a PRF to Headquarters, Air Reserve Personnel Center Promotion Secretariat (HQ ARPC/PB) by the set suspense date of 45 days before the board convenes. If the PRF is not received by the 45-day suspense date, the officer is not nominated for PV promotion and is not eligible to meet the board. The applicant’s PRF was uploaded in myPers four days after the 45 day suspense date of 23 Apr 21.  Additionally, the applicant must fulfill other PV requirements to include being in a higher graded billet, fully funded position for a year by the date the PRFs were due.  The applicant was not assigned, and the unit was unable to provide documentation stating that he was assigned, to a valid lieutenant colonel position at the time PRFs were due.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 4 Jan 22 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 not 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 does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-03530 in Executive Session on 8 Feb 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/PB, w/atchs, dated 16 Dec 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 4 Jan 22.

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.