RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02297 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her Date of Rank (DOR) to the grade of lieutenant colonel (Lt Col) be changed from 18 Apr 16 to 30 Jul 16 [sic].

APPLICANT CONTENDS THAT:
On 30 Jul 15, she met a Federal Recognition Examining Board (FREB) for promotion to the grade of Lt Col. Subsequently, she was notified that she had been selected for promotion to the higher grade.

Per Air National Guard (ANG) promotion processing procedures, ANG/A1 electronically forwarded her package to National Guard Bureau/A1 (NGB/A1) for processing an extension of Federal recognition. However, the official who submitted her package sent it to a defunct non-existent email address.

By the time the error was discovered by ANG/A1, the results of her original Federal recognition board had expired. In accordance with ANGI 36-2504, Federal Recognition of Promotion in the Air National Guard (ANG) and as a Reserve of the Air Force below the grade of General Officer, paragraph 1.2.5, board results are only good for
60 days.
On 18 Apr 16, a new promotion board convened. She was again selected for promotion with a DOR of 18 Apr 16. However, due to  an administrative error, her promotion was delayed 263 days.

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

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

STATEMENT OF FACTS:
The applicant was appointed a second lieutenant in the Reserve of the Air Force on 14 Jun 02.

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, indicating the promotion vacancy promotion package was not confirmed/received until 4 Mar 16 and therefore, was not validated for consideration of promotion until receipt of the updated FREB dated 18 Apr 16. To grant relief would be contrary to the criteria established by ANGI 36-2504, Chapter 1, Promotion Policies and Chapter 3, Position Vacancy Promotions.

The first documented correspondence NGB/A1PO received from the California ANG (CAANG) regarding the applicant’s position vacancy (PV) promotion package was 4 Mar 16. On 7 Mar 16, a second email was received from CAANG requesting NGB/A1PO confirm receipt of the promotion package and further explained that due to staff transition at the CAANG their headquarters was not able to verify whether or not the applicant’s promotion package was previously submitted.

On 18 Apr 16, NGB/A1PO confirmed receipt/validated the PV promotion package. Subsequently, the 30 Jul 15 FREB was determined to be in excess of 60 days and therefore, a new FREB was convened IAW ANGI 36-2504. On this same date, NGB/A1PO notified the CAAANG that a current FREB was required. On 20 Apr 16, the CAANG submitted a corrected promotion package which included a FREB dated 18 Apr 16.

The applicant was found valid for consideration of promotion following receipt of the 18 Apr 16 FREB. Subsequently, the applicant was placed on the ANG May 16 PV promotion list with a DOR of 18 Apr 16.
NGB/A1P concurs with the recommendation of NGB/A1PO.
A complete copy of the NGB/A1PO evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 16 Feb 17, the applicant disagrees with the recommendation of NGB/A1PO and NGB/A1P and argues that both she and her unit met all the requirements for her to be promoted. However, due to no fault of her own the package was emailed to a defunct NGB email address.

In support of her response, the applicant provides copies Special Order, AD-201, dated 15 Jun 15, letter of support, and NGB/A1PO advisory opinion, dated 14 Sep 16.

A complete copy of the applicant’s rebuttal, 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 to warrant changing her date of rank (DOR) to the grade of lieutenant colonel. We note the applicant states that both she and her unit met all the requirements for her to be promoted; however, due to no fault of her own the package was emailed to a defunct NGB email address. Nonetheless, we are not persuaded by the evidence provided that she has been the victim of an error or injustice. Therefore, we conclude the applicant has failed to sustain her burden of proof that she has been the victim of an error or injustice. In view of the above and in the absence of persuasive 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 AFBCMR Docket Number BC-2016-02297 in Executive Session on 9 Nov 17, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02297 was considered:

Exhibit A.	DD Form 149, dated 31 May 16, w/atch(s). Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Memorandum, NGB/A1PO, dated 14 Sep 16.
Exhibit D.	Letter, AFBCMR, dated 30 Jan 17, w/atch
Exhibit E.	Applicant’s Rebuttal, dated 16 Feb 17, 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.