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

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