AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01082
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be granted Special Board (SB) consideration for promotion to
the grade of major by the Calendar Year 2012 (CY12) Major Line
and Non-Line Position Vacancy (PV) Promotion Selection Board.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She and her supervisor were informed on numerous occasions by the
Air Reserve Personnel Center (ARPC) that her unit reserve
coordinator (URC) would be allowed to submit her Promotion
Recommendation Form (PRF) to the CY12A PV board up until the day
the board met, which was 23-27 Jan 12. The error was not having
her records meet this board, and the injustice is the emotional
aspect with not meeting the board with her peers and year group.
The PRFs were due to ARPC/DPBPP on 9 Dec 11. The reason her PRF
was submitted late was beyond her control due to a short notice
vacancy that she was requested to fill to assist the Chairman,
Joint Chiefs of Staff during the 2011 Holiday season.
In support of her request, the applicant provides copies of her
PRF for the CY12A Board, a Personal Data SURF, a Sponsor Welcome
email, Letters to AFRC explaining the late submission of her PRF,
email correspondence from ARPC/DPBPP, her Joint Service
Achievement Medal Certificate, a Timeline of Facts and Dates, and
Officer Performance Reports (OPRs).
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System
(MilPDS) indicates that the applicant is currently serving in the
Air Force Reserve in the grade of captain, having assumed that
grade effective 20 Dec 06.
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/DPB recommends denial. DPB states, the applicant did not
meet the requirement of occupying the nominated position on the
PRF submission date, or before the board convened. While the
late submission was beyond the applicant’s control, she was still
unable to meet the requirements for nomination to establish
eligibility for promotion consideration. Consideration by a PV
board is not an entitlement guaranteed under law. It is solely a
nominative process with specific requirements that must be met
prior to nomination and consideration by a board. All USAFR
officers considered by a PV board must meet the requirements
prior to submission of the nomination by their senior rater.
Every officer considered by the CY12 PV board met all of the
requirements. The promotion process could be considered
inequitable if the applicant is afforded special consideration.
AFI 36-2504, Officer Promotion, Continuation, and Selective Early
Removal in the Reserve of the Air Force, paragraph 2.7, details
the requirements for nomination of an officer for PV
consideration. Specifically, paragraph 2.7.2., requires that an
officer occupy or be reassigned to the position for which
nominated at the time of the PRF submission. The PRF must be
received by ARPC/DPBPE not later than (NLT) 45 days prior to the
convening of the promotion board per AFI 36-2406, Officer and
Enlisted Evaluation Systems, paragraph 8.2.1.2. For the
CY12 board, the PRF submission/suspense date was 9 Dec 11.
ARPCM, 11-32, 2 Sep 11, announced the requirements and milestones
for the Jan 12 Board. It specifically stated that PRFs
nominating officers for PV promotion were due to ARPC on 9 Dec
11.
If a PRF nominating an officer is not received by the PRF
suspense date, the organization wishing to nominate the officer
can request from ARPC/DPB, supplemental consideration (via an SB)
for the officer. The organization must send the PRF, a letter
from the senior rater explaining the reasons for missing the PRF
suspense date, specific information showing the officer occupied
the position for which nominated, and that the position was
funded for a year after the board convened. ARPC/DPB will
evaluate the request for SB, and if the circumstances do not
violate Air Force policies the officer can be offered SB
consideration.
On 24 Jan 12, an email was received from the applicant which
contained a PRF, a SURF showing she occupied the nominated
position, and a letter from her senior rater explaining why the
PRF was not submitted on time. The letter stated the applicant’s
new organization could not nominate her for PV because she was
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still working for a different organization. It also stated she
could not leave that assignment until Jan 12. After researching
the applicant’s situation it was determined she arrived at her
new duty station on 6 Jan 12, and was assigned to the nominated
position on 24 Jan 12, the day after the PV promotion board
convened. Of note: A transaction occurred in MilPDS that
appeared to backdate the date of assignment to the position to
1 Dec 11.
DPB cannot offer the applicant SB consideration, as she did not
occupy the nominated billet on the PRF suspense date, and in
fact, did not occupy the position until 24 Jan 12, which was
after the promotion board convened.
The complete DPB evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The Memorandum to the AFBCMR is either a false official statement
or the information provided to the Board is incorrect.
In reference to #3(b), the letter states the PRF submission was
9 Dec 11. Please note the email chain in which her supervisor
received confirmation from ARPC that the PRF could be submitted
to meet the board. As a result of the conversation with her
supervisor and ARPC the PRF was submitted on 13 Jan 12, for the
23 Jan 12 PV board. In the same email, she raised the question
to her supervisor that nothing on the ARPC website states the
requirements for the PRF PV submission.
In reference to #3(c), everything listed in the paragraph was
provided to ARPC/DPB in addition to a letter from the Chairman of
the Joint Chiefs of Staff Protocol Office explaining the unusual
circumstances as to why the PRF was submitted late.
In reference to #3(d), her AF IMT 1288, Application for Ready
Reserve Assignment, clearly indicates she was in the position
vacancy well before the board convened on 23 Jan 12, not the
24 Jan 12 date stated in the ARPC memorandum. She used the 6 Jan
12 date on her AF IMT 1288 because that is when all the paperwork
was completed; it was not the actual date of her assigned duty.
The official date of assigned duty was 1 Dec 11, which is
indicated on her SURF and in MilPDS. This was corrected from the
Det 11 Assignments after the error was identified.
In reference to #3(e), the AF IMT 1288 and SURF clearly indicate
she was in the position vacancy before the board convened. She
is on orders at ARPC and has been informed that the advisory
writer has been removed from her duty position by the ARPC/DPB
Administrative Assistant.
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She was nominated for the PV promotion, her outgoing and incoming
organization signed letters on her behalf describing the unusual
circumstances, and the late submission was out of her control.
However, the advisory states that she was not in the position
before the board convened and this is NOT TRUE.
The applicant's complete response, with attachments, is at
Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has 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 an error or injustice. After
thoroughly reviewing the evidence of record and the applicant’s
complete submission, we do not find the evidence presented
sufficiently persuasive to recommend Special Board consideration.
While the applicant’s disagreement with the Air Force advisory
opinion is noted, the evidence of record does not support her
contention that she occupied the billet on the PRF suspense date.
She also has not provided any evidence that would warrant an
exception to policy. Based on the current evidence, we cannot
conclude that the applicant has been treated any differently than
other officers similarly situated and we do not find it in the
interest of justice to grant the requested relief. As such, we
agree with the opinion and recommendation of the Air Force office
of primary responsibility and adopt its rationale as the basis
for our decision the applicant has failed to sustain her burden
of establishing that she has suffered either an error or an
injustice. In the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
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Panel Chair
Member
Member
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2012-01082 in Executive Session on 5 Nov 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 2 Mar 12 & 12 Oct 12, w/atchs.
Exhibit B. Letter, ARPC/DPB, dated 23 Apr 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 30 Apr 12.
Exhibit D. Letter, Applicant, dated 6 Jul 12, w/atchs.
Panel Chair
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