RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04737

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1. His date of rank (DOR) for Major be backdated to 7 September 2014 (the date of his Promotion Vacancy (PV) promotion).

2. He receive all back pay and allowances from 7 September 2014 to present.

APPLICANT CONTENDS THAT:

He was sworn in and promoted to the grade of Major on 7 September 14 in front of four officers who signed and dated documentation confirming his promotion.  Following his PV promotion, his documentation was “improperly” tracked, followed-up on, verified, recorded, documented, and submitted to the appropriate NGB/A1 organization.  After finishing his promotion, his package was submitted to Joint Force Headquarters Illinois who then submitted the package to NGB/A1 on 9 September 2014.  It was from 9 September 2014 that the package tracking, follow-up, verification, recording, documenting and submission ceased to take place.

In his submission, he provides a memorandum that describes his personal account of the events that occurred regarding his promotion to Major.  In addition, he provides his PV promotion package that documents when he was sworn in/promoted to Major, a memorandum from ARPC/PBO that updates the “CY15 Air National Guard Line and Nonline Major and Lieutenant Colonel Promotion Selection Boards Convening Notes,” and a document from two separate PV promotion packages that shows where the paperwork from the original package may have been altered/replaced along the way.

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

STATEMENT OF FACTS:

According to AF Form 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract, the applicant initially entered the AFROTC on 4 February 2002.

According to Reserve Order C-05, dated 11 December 2004, the applicant was discharged from his AFR enlisted status and received his AFR commission.  His date of appointment is 11 December 2004.

According to National Guard Bureau, Special Order (SO) AP-198, dated 28 October 2015, the applicant was promoted to the grade of Major with a date of rank and effective date of 25 October 2015.  

According to SO P-014433, dated 4 August 2016, the applicant was honorably discharged from the Illinois Air National Guard (ANG) effective 2 June 2016, to then be appointed in the Michigan ANG effective 3 June 2016 in the grade of Major.  

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:

NGB/A1PO recommends denial.  The applicant contends that due to an administrative error, his PV promotion request was omitted from the October 2014 PV List to the grade of Major.  In addition, he believes that if his promotion request had been included on this list it would have been approved by the SECEF with a DOR of 7 September 2014 and Promotion Effective Date (PED) of 25 March 2015.  However, the applicant’s promotion package was never received and/or confirmed valid for promotion consideration.

By way of background, A1PO has no record on file that a PV package was sent from the State and/or confirmed valid with receipt for PV consideration.  All packages receive an email response by a processing technician to confirm receipt.  The only information involving a package submission represented within this request is an email dated 9 September 2014 by the State.  In late fall, a mandatory eligibility list is sent to the states to verify ‘adds’ and ‘deletes.’  If the state wants to submit an individual for a PV promotion they must remove the individual from the list by 31 January. The state did not ‘delete’ the applicant from the mandatory promotion list.  The member was then submitted once again in March 2015 for PV; however, after reviewing his package it was noted the state did not ‘delete’ him from the mandatory list; therefore, making him ineligible for a PV promotion.  If the applicant’s original promotion package was confirmed received then it would have been processed correctly and the applicant would have been placed on the October 2014 PV List.  Only then would the promotion have a DOR of 7 September 2014 and PED of 25 March 2015.

A complete copy of the NGB/A1PO evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He provides supporting documents in support of his requests.

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

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 an error or injustice.  We took notice of the applicant’s complete submission, to include his rebuttal, in judging the merits of the case; however, we agree with the opinion and recommendation of the NGB/A1PO and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

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

The following members of the Board considered in Executive Session on 15 December 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04737 was considered:

	Exhibit A.  DD Form 149, dated 6 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PO, dated 18 Jul 16.
	Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 16.
	Exhibit E.  Letter, Applicant, undated, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter pertaining to AFBCMR Docket Number BC-2015-04737.