RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03619
								INDEX CODE:  131.04
	XXXXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her effective date of promotion to the grade of lieutenant colonel be corrected to reflect 20 July 2007, and she receive the appropriate back pay and allowances.

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APPLICANT CONTENDS THAT:

Due to an error in the calculation of the number of lieutenant colonels in the Air National Guard (ANG) active duty head-space, she was one of five statutory tour majors who were held back from the April 2007 promotion list which was subsequently signed on 20 July 2007.  This delay caused her promotion effective date to be 4 September 2007 vice 20 July 2007.

In support of her appeal, she has provided a copy of National Guard Bureau Special Order Number AP-230, promoting her to the grade of lieutenant colonel effective 4 September 2007.

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

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STATEMENT OF FACTS:

The applicant was extended Federal recognition and promoted to the grade of lieutenant colonel, with a Date of Rank (DOR) of 13 April 2007, and a Promotion Effective Date of 4 September 2007.

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AIR FORCE EVALUATION:

NGB/A1PS recommends denial of the requested relief since her promotion package was not submitted in a timely manner.  There are two Federal recognition promotion boards each month, and since the applicant’s promotion package was not forwarded to the Officer Promotion Board point of contact until 27 March 2007, it did not make the established cutoff dates for the March board or the 5 April 2007 board.  She was one of two officers subsequently considered by the next available board, which convened on 13 April 2007, and her name was placed on the May 2007 ANG Lieutenant Colonel Promotion List.

The NGB/A1PS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The issue was not adequately addressed since the dispute actually involves an error in the calculation of the number of lieutenant colonels in the ANG active duty head-space, not the Active Guard Reserve (AGR) head-space.  Four other majors in ANG statutory tour (AGR) positions were affected by this error and all of their names were left off the April promotion list and subsequently placed on the May 2007 list.  Three of the affected statutory tour majors have had their cases adjudicated by the AFBCMR, and their request to adjust their lieutenant colonel promotion effective date was approved.  Additionally, there is no supporting documentation that her completed package did not arrive until 27 March 2007.

The applicant’s complete submission is at Exhibit D.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and her contentions are noted.  However, evidence has been presented that her promotion package was not submitted in a timely manner in order for her to be considered by the same board as the other officers whose promotions were held up due to an administrative situation, which resulted in a later promotion effective date through no fault of their own.  While the applicant contends there was an error in the calculation of the number of lieutenant colonels in the ANG, she provides no evidence to support this contention.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2007-03619 in Executive Session on 21 May 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Oct 07, w/atch.
    Exhibit B.  Letter, NGB/A1PS, dated 8 Jan 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jan 08.
    Exhibit D.  Letter, Applicant, dated 10 Feb 08.