Search Decisions

Decision Text

AF | BCMR | CY2001 | 0102140
Original file (0102140.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02140
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered for position vacancy (PV) promotion by  a  Special  Review
Board (SRB) for the Fiscal  Year  2002  (FY02)  Reserve  of  the  Air  Force
(ResAF) Lieutenant Colonel PV Board.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Due to administrative error, over which she had  no  control,  she  was  not
considered for PV promotion by the FY02 board.

The applicant states that numerous communication  errors  between  the  11th
Wing and the  Air  Reserve  Personnel  Center  (ARPC)  resulted  in  her  PV
consideration package being pulled the day the  FY02  board  convened.   The
senior rater intended for her to meet the June PV promotion board.   E-mail,
dated 22 March 2001, designated her as the sole occupant of  AF/XO  position
35974, which AF/XO believed, satisfied  the  PV  requirements  by  the  11th
Wing/CCV and ARPC and that  appropriate  manpower  changes  would  be  made.
However, the FY02 board used a 9 March  2001  Unit  Manning  Document  (UMD)
that showed her  in  the  position  with  two  other  individuals;  thereby,
rendering her ineligible for PV consideration.  It was  not  until  the  day
the FY02 board convened that the senior  rater  was  contacted  directly  by
ARPC and notified that a memorandum had been  required  designating  her  as
the “primary” to AF/XO position 39574.

In support of the appeal,  applicant  submits  statements  from  the  senior
rater and AF/XO Air Reserve Advisor.

Applicant’s complete submission, with attachments, is  attached  at  Exhibit
A.

_________________________________________________________________




STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB recommended denial.  They indicate that the eligibility  processing
of each individual nominated for PV promotion begins  when  the  appropriate
PRF is received from the nominating senior rater.  This  requires  verifying
participation, assignment, grade of position for which  nominated,  time  in
grade, time on active duty list and/or Reserve Active  Status  List,  actual
vacancies available, the nominee is the incumbent to the  position  (not  an
overage) the unit/organization has  funding  for  the  position  through  at
least one year after the convening of the  selection  board,  and  that  the
unit is not  scheduled  for  deactivation  within  one  year  of  the  board
convening date.  This verification process is time consuming  and  exacting.
Any amount of  time  less  than  45  days  allows  for  errors  and  further
injustices  to  both  the  selection  boards  and  the  members.   The   PRF
submission date is very clear and published ahead of time in  both  the  Air
Force  Instruction  (AFI)  and  the  Air  Reserve  Personnel  Center  Manual
(ARPCM).  There is no question as to how  many  days  before  the  convening
date of a selection board or even the precise date of the suspense.  In  the
applicant’s case, she was nominated by her senior  rater  for  PV  promotion
consideration; however, when the package arrived at ARPC, the applicant  was
one of  three  officers  assigned  to  the  position.   The  11th  Wing  was
immediately notified that the applicant was not the  incumbent  and  was  in
fact an overage for the position.  On 31 May  2001  (approximately  45  days
after the package was due to ARPC and two days before  the  board  convened,
the applicant’s package was returned to the 11th Wing as no  correction  was
made.  Since a nominee for  PV  promotion  must  be  the  incumbent  in  the
position for which  nominated,  she  was  not  eligible  for  consideration.
Additionally, she was projected as a loss from the organization to the  non-
participating Individual Ready Reserve because she was  an  overage.   There
is no way to go back to  June  2001  and  establish  whether  the  applicant
actually met the eligibility criteria for the selection board.

The Air Force evaluation is at Exhibit C.

_________________________________________________________________







APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that her ineligibility for a PV promotion  was  due  to
the 11th Wing not revising the  Unit  Manning  Document  (UMD)  as  per  the
direction of the XO-ARC, and not contacting  the  XO-ARC  when  notified  by
ARPC in May that there  was  a  problem,  and  by  ARPC  not  returning  the
problematic package to the 11th Wing in a timely  manner.   Her  PV  package
was due to ARPC 45 days prior to the Board.  Her  package  was  received  by
ARPC 53 days prior to the Board, but was not returned  because  they  called
them and they said  they  would  fix  the  problem.   Her  organization  did
everything according to PV promotion instruction and  11th  Wing  direction.
Her senior rater directed the XO-ARC to do what was necessary to ensure  she
met the promotion board.  The XO-ARC requested two UMD changes in  mid-March
and for three months she  worked with ARPC to ensure  her  promotion  record
was correct.  She checked with the XO-ARC on numerous  occasions  to  ensure
that everything was complete and with the 11th Wing during  the  first  week
of May to ensure they had everything they needed for the board and was  told
on all occasions by everyone that everything was fine.

In further support of the appeal, applicant submits  a  statement  from  the
Deputy Chief of Staff, Air and Space Operations, AF/XO, indicating that  the
applicant was not given fair and just consideration  for  promotion  by  the
FY02 Lt Col PV Board because the UMD was not updated as requested  in  March
2001 and consequently, neither the XO-ARC nor  ARPC  were  notified  that  a
problem existed in time to make appropriate changes.

The applicant’s complete response, with attachments, 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 probable error or injustice warranting promotion  consideration
to the Reserve grade of lieutenant colonel by Special Review  Board.   After
reviewing the evidence submitted with  this  appeal,  it  appears  that  the
applicant and her senior rater were misinformed  by  an  AF/XO  Air  Reserve
Advisor, that the applicant was not the sole occupant of the AF/XO  position
35974.  The AF/XO advisor believed the e-mail  documentation  satisfied  the
position vacancy requirements by WG/CCV and ARPC and  that  the  appropriate
manpower changes were accomplished.  We note the statement from  her  senior
rater that indicates that the applicant was assigned to a  primary  position
39574  and  all  other  individuals  that  were  double  billeted  with  the
applicant were  reassigned  to  other  positions.   In  view  of  the  above
findings and in an effort to offset any  possibility  of  an  injustice,  we
recommend the applicant’s records  be  corrected  to  the  extent  indicated
below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  considered  for  promotion  to  the  Reserve  grade   of
lieutenant colonel by a Special Review  Board  (SRB);  that  her  record  be
evaluated in comparison with the records of officers who were and  were  not
selected by the Fiscal  Year  2002  Air  Force  Reserve  Lieutenant  Colonel
Position Vacancy Selection Board; and, if she is recommended  for  promotion
by Special Review Board, the Air Force  Board  for  Correction  of  Military
Records be advised of that recommendation at the earliest practicable  date,
so that all necessary and appropriate actions may be completed.

If she is not recommended for promotion by the  Special  Review  Board,  the
Office of primary responsibility advise her of  the  recommendation  of  the
Special Review Board.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 November 2001, under the provisions of AFI 36-2603:

            Mr. David C. Van Gasbeck, Panel Chair
            Ms. Patricia D. Vestal, Member
            Mr. Mike Novel, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 July 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPB, dated 31 August 2001.
   Exhibit D.  Letter, SAF/MIBR, dated 14 September 2001.
   Exhibit E.  Letter, Applicant, 1 October 2001, w/atch.




                 DAVID C. VAN GASBECK
                 Panel Chair



AFBCMR 01-02140





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to, be considered for promotion to the Reserve grade of lieutenant
colonel by a Special Review Board (SRB); that her record be evaluated in
comparison with the records of officers who were and were not selected by
the Fiscal Year 2002 Air Force Reserve Lieutenant Colonel Position Vacancy
Selection Board; and, if she is recommended for promotion by Special Review
Board, the Air Force Board for Correction of Military Records be advised of
that recommendation at the earliest practicable date, so that all necessary
and appropriate actions may be completed.

      If she is not recommended for promotion by the Special Review Board,
the Office of Primary Responsibility advise her of the recommendation of
the Special Review Board.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



Similar Decisions

  • AF | BCMR | CY2001 | 0102181

    Original file (0102181.doc) Auto-classification: Approved

    In regards to the additional PME requirement, the applicant states that the policy was not in effect at the time of her promotion board and she should not be evaluated against a higher standard than her peers meeting the same board. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the attached Promotion Recommendation Form, AF Form 709, be considered...

  • AF | BCMR | CY2003 | BC-2003-01059

    Original file (BC-2003-01059.doc) Auto-classification: Approved

    A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluation and states that while it spells out the actual policy and requirements for submission of PV nominations, adequate advanced notice was in fact not received by her senior rater and in turn the nomination and PRF was not submitted in a timely manner. Providing her consideration...

  • AF | BCMR | CY2002 | 0102443

    Original file (0102443.doc) Auto-classification: Denied

    Applicant’s complete submission, with attachments, is at Exhibit A. AFI 36-2504, Officer Promotion, Continuation, and Selective Early Removal in the Reserve of the Air Force, paragraph 2.7.2.2 states: “The position must be authorized at a higher grade than the nominee’s current grade.” A further requirement is for the applicant’s nomination package to arrive at HQ ARPC/DPBA 45 days prior to the convening of the selection board (AFI 36-2406). MILMOD, or previously the Personnel Data System...

  • AF | BCMR | CY2001 | 0102383

    Original file (0102383.doc) Auto-classification: Approved

    We believe that the Air Force should have informed the applicant’s Reserve Program Manager that if the PRF was not received within 45 days of the convening of the selection board, the applicant would not be considered for promotion. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the attached Promotion Recommendation Form, AF Form 709, be considered...

  • AF | BCMR | CY2005 | BC-2004-03190

    Original file (BC-2004-03190.DOC) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPB recommends denial and states consideration for the Major PV Selection Board is based on the receipt of the AF Form 709. The applicant’s senior rater, the sole nomination authority for the PV Selection Board, has not submitted documentation to support either an original nomination, or express support for the appeal request. The original packet was completed and submitted to the MPF on time.

  • AF | BCMR | CY2002 | 0101908

    Original file (0101908.doc) Auto-classification: Approved

    Due to the time required to verify an officer’s eligibility for consideration, ARPC now follows their instruction and any PRF received late, the officer is not considered for promotion. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, to include the attached Promotion Recommendation Form, AF Form 709, be considered for promotion to the Reserve grade of...

  • AF | BCMR | CY2013 | BC 2013 02870

    Original file (BC 2013 02870.txt) Auto-classification: Approved

    __________________________________________________________________ APPLICANT CONTENDS THAT: She was eligible to meet the CY13 Line and Nonline Major Promotion Board and her senior rater intended to submit her AF Form 709, Promotion Recommendation, to the Air Reserve Personnel Center (ARPC). The applicant was not nominated by her senior rater for promotion consideration by this board until after public release of the board results (13 Mar 2013). ...

  • AF | BCMR | CY2010 | BC-2010-04693

    Original file (BC-2010-04693.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04639 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His nomination package for position vacancy be reviewed for eligibility for the Calendar Year 2010 (CY10) Line and Health Professions Lieutenant Colonel Position Vacancy (PV) Promotion Board. The complete AFPC/DPB evaluation is at Exhibit...

  • AF | BCMR | CY2014 | BC 2014 01335

    Original file (BC 2014 01335.txt) Auto-classification: Approved

    APPLICANT CONTENDS THAT: Due to an administrative error, his Air Force unit and its Commanders Support Staff (CSS) did not submit his PRF to the promotion board by the suspense. Unlike the mandatory 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. Furthermore, the letter from the applicant’s chain of command was significantly compelling as it indicates that errors...

  • AF | BCMR | CY2013 | BC 2013 02036

    Original file (BC 2013 02036.txt) Auto-classification: Approved

    The applicant's complete submission, with attachments, is at Exhibit A. 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. 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,...