RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04552 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Promotion Recommendation Form (PRF) be incorporated into her records and she receives Special Selection Board (SSB) consideration for Air Force Reserve Command (AFRC) Position Vacancy (PV) promotion to lieutenant colonel (O-5). ________________________________________________________________ APPLICANT CONTENDS THAT: She has exhausted the Air Reserve Personnel Center (ARPC) appeals process having been advised there is a “zero consideration policy” for PV applicants requesting to meet supplemental boards regardless of the circumstances. Despite her senior rater’s intent to recommend her for PV promotion to the grade of lieutenant colonel and her due diligence in pursuing completion and submission of her PRF, her PRF did not reach ARPC as a result of a glitch in the personnel system and misinformation from ARPC. As a result, she was not considered for promotion. On 18 Apr 13, she confirmed with ARPC they had received her PRF before the suspense date of 26 Apr 13. On 15 Aug 13, she learned ARPC had not received her PRF and she was not considered by the PV board. On 26 Aug 13, she was advised by ARPC that because it is optional for eligible reservists to be submitted for PV consideration, there is a “zero consideration policy” and she should seek relief from the Board. In support of her request, she provides a personal statement, timeline of events, letters of support, AF Form 709, Promotion Recommendation; e-mail communique and various other documents associated with her request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a participating Air Force Reserve officer in the grade of major (O-4). In Accordance With (IAW) AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force; the purpose of the PV program is to 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. Per para 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. ARPCM 13-01 dated 23 Jan 13, Atch 7 provided instructions for PV nominations. Nominated officers were required to meet eligibility requirements on 26 Apr 13, the last date ARPC accepted PV nominations. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/PB states the applicant’s PRF is incomplete and no fair consideration can be given. PB recommends she provide documentation of where she was assigned/attached; have the PRF corrected to reflect the correct assignment, Senior Rater Identification (SRID), provide the position number for which she was nominated, provide documentation showing she was assigned to the position for which nominated as of the PRF submission deadline (26 Apr 13) and provide documentation showing she was in the nominated position on public release date of the board results (15 Aug 13). Once this information is received, PB can further evaluate the case and provide eligibility for Special Board (SB) consideration IAW Title 10 USC 1558. Per Title 10 USC Section 14502, she is not eligible for SSB consideration since SSB consideration is only for replacement of In-the- Promotion Zone (IPZ) and Above-the-Promotion Zone (APZ) boards. The PRF must be clarified and accurate before eligibility for nomination is established. The nominating PRF must have the position for which the officer is being nominated filled in on the form. This means to verify the officer is nominated for a specific position and that the officer is the incumbent in a vacant, higher graded billet. There is no position number listed on the PRF, therefore, PB cannot verify the applicant met the eligibility criteria IAW AFI 36-2504, para 2.7. The PRF also includes the Personnel Accounting Symbol (PAS) code she was assigned and attached to for training. However, the SRID belongs to the individual who signed the PRF and is from a different unit. If she was actually performing duties at a different organization, this is not apparent from the assignment order. The Group Size, Block VI is also not marked. The senior rater must stratify the applicant in relation to every other PV nomination made by the senior rater. After the fact application for PV consideration must include a manning document showing the individual was the incumbent at the time of nomination and was still assigned to the position for which nominated. This information was not provided, so again, no eligibility can be established. The complete PB evaluation is at Exhibit B. _____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The corrections identified by PB have been made. The PAS code, position number and group size have been corrected. The senior rater and SRID on the PRF were correct and he has signed the copy. In Dec 11, the original position number was eliminated and she was reassigned against position number 0761486 with a rank authorization of lieutenant colonel in PAS code LA12FDTW. This change is reflected in the virtual Military Personnel Flight (vMPF) and the Military Personnel Data System (MILPDS) although no new orders were issued. She remained in the position until she was reassigned to the Air University Public Affairs Office on 15 Feb 13. PB asserts she is required to be the incumbent in the position for which nominated on the board convening date and through the date of public announcement. In fact, para 2.9.6 expands on this requirement and the nominee may be excepted from this requirement when reassigned to another position, provided the new position also meets the requirement for PV promotion and the nominee’s new senior rater provides documentation concurring with the recommendation of the senior rater at the time of the nomination. AU/CC signed a letter on 5 Dec 13 endorsing her promotion to the grade of lieutenant colonel. Her promotion nomination was filled with errors and confusion but she never lost eligibility for PV promotion, her chain of command fully intended to nominate her and in fact believed she had been nominated and all senior leaders involved have shown their support for her nomination and consideration. In further support of her request, she provides a personal statement, PRF, letter from AU/CC, ARPCM 13-01, e-mail communique and unit alpha roster. The applicant’s complete submission, with attachments, is at Exhibit D. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that she has not exhausted all available avenues of administrative relief prior to submitting her application to the BCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2013-04552 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentation in Docket Number BC-2013-04552 was considered: Exhibit A. DD Form 149, dated 22 Aug 13, w/atchs. Exhibit B. Letter, ARPC/PB, dated 30 Oct 13. Exhibit C. Letter, SAF/MRBR, dated 8 Nov 13. Exhibit D. Letter, Applicant, 25 Nov 13, w/atchs. Panel Chair