RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01776
		INDEX CODE:  131.04, 131.05

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He be paid as a major retroactively to his date of rank (DOR) rather than his promotion effective date (PED).
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APPLICANT CONTENDS THAT:

Due to the delays his promotion package experienced while undergoing the Federal recognition process, his DOR and PED are nearly six months apart.  The delay of payment on a promotion is unjust not only because of the financial burden placed on him but because of retention issues in the future.  If his DOR is the determining factor on how long he can occupy his pay grade, he should be paid for the entire duration of time he spends in that grade.  He feels if he occupies the rank in all administrative capacities, he should be paid accordingly.

In support of his appeal, the applicant has provided a copy of the order promoting him to the Reserve grade of major.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air National Guard (ANG) on 21 September 1988.  He served for almost nine years in an enlisted status before being appointed a second lieutenant (2Lt) in the ANG on 26 June 1997.  He was submitted for unit vacancy (UV) promotion to the grade of major that was boarded at his unit on 15 September 2006.  It was approved by the unit board but the state headquarters did not receive the promotion package until almost a month later on 12 October 2006.  NGB/A1P0P did not receive his promotion package until 19 October 2006.  Had his package been received by A1P0P on or before 30 September 2006, his PED would have been 4 January 2007.  Consequently, his name was on the November 2006 ANG Major Promotion List that began processing in November 2006 and was approved on 21 February 2007 yielding a DOR of 15 September 2006 and a PED of 21 February 2007.  He is currently serving with the Nevada ANG (NVANG) and has over 18 years of satisfactory service.

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AIR FORCE EVALUATION:

NGB/A1P0F recommends denial.  Based on input from the ANG Subject Matter Expert (SME), A1P0F states the applicant’s promotion package was not received in time to be considered for Federal recognition by a promotion board earlier than the November 2006 board.  A1P0F states even if his package had been included on the earlier October 2006 list, his PED would only have been 4 January 2007 rather than 21 February 2007.  

A1P0F’s complete evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the NGB’s subject matter expert misunderstands the issue.  He contends there should be no difference between a member’s effective date of rank and their date of rank regarding pay.  He contends that paying members retroactively based on their DOR would be mutually beneficial to both the Armed Forces and serving members.  He suggests a revision to Air Force and DOD policy and states people want to stay in an organization that fights for them and not against them.

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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 error or injustice warranting partial correction of the applicant’s record.  He contends that avoidable and apparently unnecessary delays during the promotion process to the grade of major resulted in a difference between his promotion effective date (PED) and his date of rank (DOR).  As the ANG Subject Matter Expert (SME) noted, he was submitted for promotion by his state in September 2006.  Had the NGB received his promotion package prior to 30 September 2006, he would have been submitted for Federal recognition on the October 2006 list that eventually yielded a PED of 4 January 2007.  This being the case, and taking into consideration that the delay in processing his package has not been adequately explained, except that the delay was not due to any fault of the applicant, it is our opinion that his records should be corrected to reflect the earlier PED.  In regard to his DOR, we note that a member’s DOR denotes the starting point for the time in grade (TIG) requirement for advancement to the next higher grade.  The PED identifies when the member begins to earn pay in the next higher grade after promotion.  Therefore, in the absence of compelling evidence to the contrary, we recommend his records be corrected only to the extent indicated below.

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 involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22 February 2007, he was promoted to the Reserve grade of major with a promotion effective date of 4 January 2007, rather than 21 February 2007.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01776 in Executive Session on 30 October 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 May 2007, w/atch.
    Exhibit B.  Letter, NGB/A1P0F, dated 31 August 2007, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 14 September 2007.
    Exhibit D.  Letter, Applicant, undated.