RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01614

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES
 
APPLICANT’S REQUEST

He receives special selection board (SSB) consideration for the Calendar Year 2022 (CY22) Air Force Reserve (USAFR) Line and Nonline Major (O-4) Position Vacancy (PV) Promotion Selection Board (PSB).

APPLICANT’S CONTENTIONS

He met the eligibility requirements for the CY22 USAFR Line and Nonline major (O-4) PV PSB, and his senior rater intended to submit a promotion recommendation form (PRF) on his behalf.  However, when the applicant’s executive staff inquired with AFRC about his eligibility, they were informed that he was not eligible for the PV PSB.  In Jan 22, after the application window passed and the PV PSB convened, the applicant discovered that he was eligible for the board.  Since the PV PSB had convened, his senior rater missed the opportunity to nominate him for the board.  The applicant is currently filling a major position, but due to a leadership gap cause by deployments and a permanent change of station, he is performing lieutenant colonel duties.  The applicant states his unit is motivated to promote him to major as soon as possible so that his rank is more appropriate for the role he is performing.  He is requesting consideration for an SSB since the board has already convened.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve captain (O-3).

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 denying the application.  On 23 Aug 21, ARPCM 21-22, CY22 USAFR Line and Nonline Major Promotion Selection Boards Convening Notice was released to Military Personnel Flights and posted on the MyPers website.  The ARPCM clearly stipulates the deadline for submission of PRFs nominating officers for PV consideration as 10 Dec 21.  ARPC/PB did not receive a PRF nominating the applicant by 10 Dec 21.  The applicant states that his senior rater fully intended to nominate him for the position vacancy promotion board, however, the executive staff received inaccurate information from ARPC/PB stating that he was ineligible for the board.  After the PV PSB convened in Jan 22, the applicant’s senior rater discovered that he was eligible.  On 18 May 22, the commander’s executive staff submitted a myPers ticket informing ARPC/PB the Military Personnel Section (MPS) counseled them that the applicant was not on the Master Eligibility Listing (MEL), even though he met the eligibility criteria for the PV PSB.  On 20 May 22, ARPC/PB confirmed the applicant was eligible for the PV PSB.  The applicant submitted a DD Form 149 to request consideration for a special board; however, the senior rater did not submit a PRF or a memorandum stating intent to nominate the applicant.

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 31 Aug 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.  The board noted the applicant’s senior rater did not submit a PRF or a memorandum stating an intent to nominate the applicant for the position vacancy board.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has now shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.  

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-2022-01614 in Executive Session on 11 Oct 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 9 Jun 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/PB, w/atchs, dated 11 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 31 Aug 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.