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AF | BCMR | CY2014 | BC 2014 01335
Original file (BC 2014 01335.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01335

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His AF Form 709, Promotion Recommendation (PRF), be placed in 
his records and he meet a special board for Position Vacancy 
(PV) promotion consideration to the grade of major (O-4).


APPLICANT CONTENDS THAT:

Due to an administrative error, his Air Force unit and its 
Commanders Support Staff (CSS) did not submit his PRF to the 
promotion board by the suspense.  Thus, his record was not 
reviewed by the promotion board.  In short, the suspense was set 
for the day after Thanksgiving; although the Air Reserve 
Personnel Center (ARPC) emailed reminders of the suspense 
falling on a holiday, the CSS was in the process of moving and 
never forwarded the reminders to his unit.  His unit submitted 
the PRF immediately after the holiday, but ARPC refused to 
accept the PRF.  His Unit Manning Document (UMD) billet remains 
funded for at least one year after the promotion board convened, 
allowing him to be promoted into that position via a Special 
[Selection] Board (SSB).

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of captain (O-3).

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.


AIR FORCE EVALUATION:

ARPC/PB recommends denial, indicating there is no evidence of an 
error or injustice.  The PRF was not accepted by HQ ARPC/PBE 
because it was not submitted by the established suspense.  The 
applicant's senior rater and unit's CSS were unable to meet the 
suspense date for submission.  The memorandum from the senior 
rater states that the CSS did not notify the unit of the 
impending suspense, despite advanced warning emails from ARPC.  
In order to accommodate its diverse customer base, HQ ARPC/PB 
provides board-convening notices several months prior to the 
board.  Unlike the mandatory 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 AFI 36-2504, Promotion, Continuation and 
Selective Early Removal in the Reserve of the Air Force, for PV 
PRFs.  Therefore, they are compelled to hold to the 29 Nov 13 
due date for the 13 Jan 14 major's board.  Any PRF accepted past 
the 45-day rule is not consistent with Secretarial direction.  
Only 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 AFR population for additional nomination 
opportunities.

Requirements for submission of PV nominations were established 
and published six months prior to the suspense date.  Adequate 
advanced notice was provided to all Military Personnel Sections 
(MPS) so officers could be nominated and that nomination would 
be received by the established eligibility date.

A complete copy of the ARPC/PB evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contests the argument of the OPR as they are not 
assigning responsibility in the right place.  He doesn’t dispute 
the ARPC deadlines were communicated to the CSS servicing his 
unit; however, the reminder messages did not get forwarded to 
the right people in his unit to meet the suspense.  Further, he 
asserts the ultimate ability to meet the suspense date was well 
beyond the control of the individual.  He did his part to 
control what he could control, by providing input to his 
promotion package and meeting all his internal unit suspenses.  
He went so far as to write a letter to the promotion board 
explaining his situation.  Additionally, he provided several 
examples of exemplary contributions he has made during multiple 
deployments and this injustice is a significant blow to a 
distinguished career.

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 injustice.  After a thorough 
review of the evidence of record and the applicant’s complete 
submission, to include his rebuttal response, we believe the 
applicant is the victim of an error or injustice.  We note the 
comments of ARPC/PB indicating that relief should be denied 
because the applicant’s records contain no documentation 
substantiating the applicant’s contention that no error or 
injustice occurred by the promotion board for not accepting his 
PRF after their suspense date; however, we believe a 
preponderance of the evidence substantiates that corrective 
action is warranted.  In this respect, we note the applicant has 
provided convincing statements attesting to his limited role in 
the administrative process of his unit meeting established 
suspense dates from higher headquarters.  Furthermore, the 
letter from the applicant’s chain of command was significantly 
compelling as it indicates that errors were made that were 
ultimately beyond the applicant’s control.  Therefore, we 
recommend the applicant’s records be corrected as indicated 
below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that his 
record, to include a copy of his AF Form 709, Promotion 
Recommendation Form, prepared for the Calendar Year 14 Major 
Position Vacancy (PV) Board, be considered for promotion to the 
grade of major by a Special Board in lieu of the CY14 Major PV 
Promotion Board.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01335 in Executive Session on 25 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member
?
All members voted to recommend granting the recommended relief.  
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01335 was considered:

	Exhibit A.  DD Form 149, dated 14 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.	
	Exhibit C.  Memorandum, ARPC/PB, dated 24 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.
	Exhibit E.  Letter, Applicant, dated 27 Aug 14.


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