RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02036 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO __________________________________________________________________ APPLICANT REQUESTS THAT: He be considered for a Position Vacancy (PV) Promotion to the rank of major (O-4) by the Calendar Year 2013 (CY13) Line and Nonline Major Promotion Board (U0413A, 14 Jan 2013). __________________________________________________________________ APPLICANT CONTENDS THAT: He was nominated for a PV consideration to major for the CY13 Board by his commander. However, through no fault of his own, his PV package was not submitted to the Air Reserve Personnel Center (APRC) by the required suspense date. He respectfully requests the Board consider his request to meet a special board in lieu of the CY13 Major Line and Nonline PV board that has already concluded. In support of his request the applicant provides copies of a “Request for Special Board” memorandum from his senior rater, Timeline of Events, AF Form 709, Promotion Recommendation; Officer Selection Brief (OSB) and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. __________________________________________________________________ STATEMENT OF FACTS: In a 15 Jan 2013 memorandum, the senior rater supported the applicant’s request for a Special Board. In addition he provides a timeline which offers specific details regarding PV processing that prevented timely submission of the applicant’s PV package. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. __________________________________________________________________ AIR FORCE EVALUATION: ARPC/PB recommends denial. PB states that the applicant’s AF Form 709 was not accepted by ARPC/PBE because it was not submitted by the established suspense. The memorandum from the senior rater states that the organization phoned on 30 Nov 2012, requesting an extension to the suspense. Unfortunately, the organization did not speak with anyone within ARPC/PB. If they had, they would have been told that no extension was authorized. In order to accommodate their diverse customer base, ARPC/PB provides board convening notices several months prior to the board. The ARPC Memorandum (ARPCM 12-21, dated 31 Jul 2012), Board Convening Notice, announcing the convening of the selection board was released to all Military Personnel Sections (MPS) in the Air Force. Contained in the ARPCM are the requirements for promotion consideration. The ARPCM also clearly stipulates the deadline for submission of PRFs nominating officers for PV consideration was 30 Nov 2012. Unlike the mandatory Promotion Recommendation Form (PRF), the PV PRF suspense is not an "administrative suspense." The date established in the board convening notice is actually the date that triggers eligibility for the board. The one document that triggers that eligibility and the building of the board record is the PV PRF. If the PRF is not received by the 45-day mark, the member technically is not PV eligible. Per SAF/GCI, the convening notice is a Secretarial act in support of the Secretarial process, and there is no additional waiver authority in accordance with AFI 36-2504, Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, for PV PRFs. Therefore, PB is compelled to hold to the 30 Nov 2012 due date for the 14 Jan 2013 major board. Any PRF accepted past the 45 day rule is not consistent with Secretarial direction. Only the Secretary of the Air Force can give authority to deviate from the 45 day suspense and then the extension would be opened up to the entire Air Force Reserve population for additional nomination opportunities. The complete PB evaluation, with attachments, is at Exhibit C. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He strongly disagrees with PB’s recommendation to deny his request. Their recommendation suggests that ARPC holds no fault for his failure to meet the board due to his PRF not being turned in on time. This fact has never been under dispute as the PRF and PV board instructions are plainly written and were disseminated in time for submission. His argument has always been with the MPS which failed to submit his PRF on time, thereby, not triggering his eligibility to meet the board. His squadron, group and wing commanders submitted his name for promotion consideration. His wing commander even generated an after action report documenting the events leading up to the submission failure in order to assist him, and two other officers seeking correction. He began preparing for the promotion board months in advance. From the very beginning of the process he had numerous concerns due to his name not even appearing on the eligibility list. As time progressed he checked in with the MPS and personally confirmed, and later reconfirmed, that his records were accurate. All the while he continued to trust the system and the technicians who were completing their assigned duties. While the AFBCMR does not define what an "injustice" is, he can best describe it as completing all of one's required tasks to meet a board only to later learn that one's package was not even submitted. It is very difficult for him to understand why he would be forced to incur a career infraction for events which he had no control over and occurred outside his sphere of influence. He once again respectfully requests the AFBCMR consider his position and grant him a SSB. The applicant’s complete response is at Exhibit E. __________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe it is in the interest of justice to recommend granting the requested relief. In this respect, we note the applicant’s senior rater provided a statement indicating that he submitted the applicant’s nomination for promotion to major, however, through no fault of the applicant, the PRF was not submitted by the established suspense date. Having no reason to doubt the commander’s integrity in this matter we believe that favorable consideration of his request is warranted. Accordingly it is our opinion the applicant should receive promotion consideration by a special board for promotion to the grade of major and that his records be corrected as set forth below. __________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his record be considered for promotion to the grade of major by a Special Board for the Calendar Year 2013 Major Position Vacancy Promotion Board. __________________________________________________________________ The following members of the Board considered this application in Executive Session on 11 Feb 2014 and 14 Feb 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommend. The following documentary evidence was considered in AFBCMR BC-2013- 02036: Exhibit A. DD Form 149, dated 24 Apr 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/PB, dated 24 May 2013, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 7 Jun 2013. Exhibit E. Letter, Applicant, dated 21 Jun 2013. Panel Chair FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 8 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 4