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 applicants 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 doesnt 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 applicants 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 applicants records contain no documentation
substantiating the applicants 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 applicants chain of command was significantly
compelling as it indicates that errors were made that were
ultimately beyond the applicants control. Therefore, we
recommend the applicants 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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