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 raters 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 applicants 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 boards 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 applicants 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
nominees 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 applicants 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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