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AF | BCMR | CY2013 | BC 2013 04552
Original file (BC 2013 04552.txt) Auto-classification: Denied

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


  

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