ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04604-2

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

The applicant requests that the Board reconsider his request to reflect his date of commissioning as 30 Sep 09 rather than 7 May 10.

RESUME OF THE CASE:

By application dated 27 Sep 12, the applicant requested his commission date be changed.  He alleged that due to several administrative errors, his commissioning was delayed over 18 months, which resulted in the loss of financial incentives.  On 23 May 13, the Board considered and denied the applicant’s request, noting that while NGB/A1PO recommended granting relief, officer appointments are carried out by virtue of the authority of the Secretary of Defense (SecDEF).  The Board acts on behalf of the Secretary of the Air Force (SecAF), and the SecAF does not have the authority to appoint commissioned officers.  Therefore, the Board could not correct the record.  For more information, see the Record of Proceedings, with Exhibits A through D, at Exhibit E.

By application dated 13 Apr 17, the applicant again requests his commissioning date be changed.  He asserts that based on a letter from the Office of the Under Secretary of Defense the Board does have the authority to correct his record.

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

AIR FORCE EVALUATION:

SAF/MRBL communicated with the Office of the Under Secretary of Defense for Personnel and Readiness (USDP&R), which had provided the letter submitted by the applicant.  USDP&R confirmed that while the Board lacks the authority to make officer appointments, the Board has authority to change appointment dates for officers already appointed.  The complete advisory is at Exhibit G.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 May 18 for comment (Exhibit H), but has received no response.

THE BOARD CONCLUDES THAT:

After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error and injustice.  The Board previously concurred with NGB/A1PO and would have granted the applicant’s original request, but for the belief that the Board lacked authority to do so.  The new evidence provided by the applicant, especially when combined with the clarification provided by USDP&R via SAF/MRBL, is sufficient to change the Board’s previous decision and to allow endorsement of the original recommendations of NGB/A1PO.  The Board intends that the correction of the applicant’s date of appointment carry with it all the consequential corrections identified by NGB/A1PO in the advisory at Exhibit E.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

The applicant has not shown that a personal appearance with or without counsel would materially add to the Board’s understanding of the issues involve.

THE BOARD RECOMMENDS THAT:

The Board recommends the pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a. His date of appointment in the Air National Guard is 30 Sep 09.
	b. His Total Years Service Date (TYSD) is 11 Oct 93.
	c. His Total Federal Commissioned Service Date (TFCSD) is 11 Aug 00.
	d. Date of Rank (DOR) as a major is 11 Oct 04.
	e. His Promotion Effective Date (PED) is 30 Sep 09.
	f. His Date of Rank as a lieutenant colonel is 11 Oct 11.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2012-04604-2 in Executive Session on 18 Oct 18:

, Vice Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following for Docket Number BC-2012-04604-2:

	Exhibit E.  Record of Proceedings, dated 23 Jul 13, w/Exhibits.
	Exhibit F.  DD Form 149, dated 13 Apr 17, w/atchs.
Exhibit G:	Advisory opinion, SAF/MRBL, w/atch, dated 25 Apr 18. 
Exhibit H:	Notification of Advisory, SAF/MRBC to applicant, dated 20 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.