RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03409
COUNSEL: NONE
HEARING DESIRED: YES
THE APPLICANT REQUESTS:
Her nonselection for promotion by the Reserve of the Air Force,
Calendar Year (CY) 2012, V0412A, Major Promotion Board be
removed from her record.
THE APPLICANT CONTENDS THAT:
Her transfer from the United States Marine Corps (USMC) to the
Air Force Reserve was in February 2011, less than one year in
service when she met the first mandatory promotion board on
January 2012. Her USMC evaluations were not in her record which
was an administrative error. She believes this error is
justification for the V0412A board result to be removed from her
record.
The applicant did not submit any additional documentation in
support of her request.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant was honorably discharged on 1 October 2013, with a
narrative reason for separation as Non-selection Permanent
Promotion. She was credited with 9 years of satisfactory
service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
THE AIR FORCE EVALUATION:
ARPC/PB recommends denial of the applicant's request to
remove the CY12 nonselection from her record. Instead, they
recommend placing the applicant in a continued status for 3
years (the amount of time offered to officers continued by this
board) to allow time for her to establish an Air Force Reserve
(AFR) performance record. PB states that the applicant was
considered, but not selected, by the CY12 Line and Nonline Major
Promotion Selection Board (V0412A), which convened on
23 January 2012. When considered by this board, her record
contained one AFR Officer Performance Report (OPR), four USMC
evaluations (FitReps) and an Achievement Medal. The applicant
was then considered, but not selected, by the CY13 Line and
Nonline Major Promotion Selection Board (V0413A), which convened
on 14 January 2013. When considered by this board, her record
contained three additional FitReps, one additional OPR, and an
AF Commendation Medal. Following the CY13 board, one additional
FitRep was placed in her record.
A review of her Officer Selection Briefs (OSBs) considered
by each board, showed 4 years of unsatisfactory service. This
was the period she was assigned to the Marine Corps Individual
Ready Reserve, (IRR) and was not assigned to a participating
position. All evidence indicates the applicant's record was
incomplete for each promotion board. Based on the dates of
entry into the Automated Records Management System (ARMS),
attempts were made to update her record, but the final update
did not occur until after the CY13 board.
While her record contained material error of fact at each
board, considering her for Special Selection Board (SSB) would,
in all likelihood, not result in selection for promotion. At
the CY12 board, she only had one performance document within the
last 6 years, had not yet completed developmental education
(DE), and the last 4 participation years prior to the board,
where unsatisfactory. At the CY13 board, she had two OPRs, had
completed DE, and her record showed 1 year of satisfactory
participation.
Based on historical board results, those officers selected
for promotion had at least three recent OPRs, had completed
developmental education, and the last three years showed
satisfactory participation. Eligibility for continuation at the
CY13 Captain Continuation board was based on the manning level
in an Air Force Specialty (AFSC) of less than 85%. The
applicant's AFSC was manned at 149.44%, making her ineligible
for continuation consideration by this board.
The complete ARPC/PB evaluation, with attachments, is at Exhibit
C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
In further support of her appeal, the applicant submits a
personal statement, a letter of support from her commander and
supporting documents. She reiterates her contention that her
USMC evaluations were not in her record, which was an
administrative error, and this error is justification for the
V0412A board result to be removed from her record. The
applicant states that she takes great pride in serving in the
Air Force Reserve as well as serving her country. She feels the
non-selection for promotion with less than one year in a new
branch of service unfairly set her up for failure. Meeting the
mandatory board so soon after returning to service in the Air
Force Reserve without enough observation time and information in
her record to evaluate her promotion potential was a fatal blow
to her career. Losing her ability to serve after almost 14
years of honorable service because of these unfortunate turn of
events is unfathomable. She requests the mandatory board and
the nonselection for promotion be removed from her record. This
will allow her to continue her service and have a fair
opportunity to demonstrate her potential.
The applicants 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 an error or an injustice. We are
of the opinion that approval of the requested relief is
warranted. Through no fault of the applicant, her record was
incomplete at the time she was considered by the selection board
in question, in that four of her United States Marine Corps
(USMC) evaluations (FitReps) were not in her selection record.
Whether this omission was sufficiently significant to alter the
results of the Calendar Year (CY) 2012, V0412A, Major promotion
board is a question we are unable to answer based on the
evidence presented here. ARPC/PBs recommendation of denial of
the applicant's request is noted, however, we are persuaded that
the applicant was improperly disadvantaged because of the
absence of documents which should have been in the record and
which contained information the selection board members could
have considered significant. We believe the applicant has
provided sufficient evidence to resolve this matter in her favor
and in order to resolve any potential promotion injustice to the
applicant, we recommend the record be corrected in the following
manner.
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(s)
involved. Therefore, the request for a hearing is not favorably
considered.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that the
nonselection for promotion by the Reserve of the Air Force,
Calendar Year (CY) 2012, V0412A, Major Promotion Board is
removed from her record.
The following members of the Board considered this application
in Executive Session on 11 March 2014, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03409 was considered:
Exhibit A. DD Form 149, dated 12 Jul 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/PB, dated 19 Aug 2013.
Exhibit D. Letter, SAF/MRBR, dated 30 Aug 2013.
Exhibit E. Letter, Applicant, dated 9 Sep 2013 w/atchs.
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