RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02343

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  His date of rank (DOR) to the grade of Major be changed from 3 Aug 15 to 20 Nov 14.

2.  His promotion effective date (PED) to the grade of Major be changed from 22 Apr 16 to 20 Nov 14.

APPLICANT CONTENDS THAT:

A Federal Recognition Examining Board (FREB) was convened on 20 Nov 14 where he was recommended for promotion to the grade of Major by the Ohio Air National Guard (OHANG) and that OHANG HQ subsequently submitted a promotion package via email to the National Guard Bureau (NGB) A1PO for processing.  The package was lost and never received by NGB/A1PO.

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

STATEMENT OF FACTS:

The applicant is currently serving in the ANG in the grade of Major, O-4.

According to the documentation provided by the applicant:

	1.  On 17 Nov 14, the applicant’s commander recommended him for a position vacancy promotion to the grade of Major.

2.  On 20 Nov 14, The FREB found the applicant to be qualified for promotion and recommended that he be granted Federal Recognition (SecDef approval).

3.  On 20 Nov 14, the applicant was issued a promotion order by the State of Ohio Adjutant General’s Department to the grade of Major effective upon approval of Federal Recognition, Special Order AP-96.

4.  On 24 Nov 14, OHANG submitted the applicant’s position vacancy promotion package by e-mail to “NGB/A1PO Promotions”.

5.  On 23 Jul 15, OHANG inquired on the status of the applicant’s pending promotion Federal Recognition.

6.  On 1 Aug 15, NGB/A1P found no record of the applicant’s promotion package and instructed OHANG to send a copy of its notice of receipt (e-mail read receipt) from NGB/A1PO or to resubmit the package.

On 4 Aug 15, according to NGB/A1, the OHANG resubmitted an updated promotion package and a FREB dated 3 Aug 15 and was placed on the Sep 2015 promotion vacancy promotion list for consideration. 

On 22 Apr 16, the applicant was promoted to the grade of Major with a DOR of 3 Aug 15 and a PED of 22 Apr 16, as evidenced by Special Order AP-70, dated 27 Apr 16.

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/A1 recommends denial indicating there is no evidence of an error or an injustice.  For a position vacancy promotion, an officer’s DOR is the date the FREB is convened at the State.  The effective date for pay purposes is determined by NGB/A1PO based on SecDef approval date and announced in Federal Recognition Orders.

NGB/A1PO Promotion Database shows that on 4 Aug 15 OHANG resubmitted an updated promotion package and FREB dated 3 Aug 15. NGB/A1PO processed the promotion package and found the member valid for consideration of promotion based on the 3 Aug 15 FREB.  The applicant was subsequently placed on the ANG Sep 2015 position vacancy promotion list for consideration whereby receiving SecDef approval of a DOR of 3 Aug 15 and effective date of 22 Apr 16 per NGB Special Order AP-70.

A complete copy of the NGB/A1 evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 Dec 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error.  While we note the comments of NGB/A1 indicating that relief should be denied because the applicant’s initial promotion package was not received by OHANG, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided copies of the following:

1.  FREB results where they found he applicant to be qualified for promotion and recommended that he be granted Federal Recognition (SecDef approval), dated 20 Nov 14.

2.  Promotion orders to the grade of Major effective upon approval of Federal Recognition, Special Order AP-96, dated 20 Nov 14.

3.  Memorandum from OHANG addressed to NGB/A1PO requesting Federal Recognition of Promotion, dated 21 Nov 14.

4.  Email submission of the applicant’s promotion package from OHANG to NGB/A1PO Promotions, dated 24 Nov 14.

Although the applicant requests a PED of the same date as his DOR, the PED is determined by SecDef approval.  If the applicant’s initial promotion package was received on time, it would have processed for scrolling the following month and more likely than not placed on the Dec 14 scroll for SecDef approval with an effective date of 8 May 15.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show a date of rank (DOR) to the grade of Major of 20 November 2014 rather than 3 August 2015 and a promotion effective date (PED) of 8 May 15 rather than 22 Apr 16.

The following members of the Board considered AFBCMR Docket Number BC-2016-02343 in Executive Session on 24 Aug 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

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

	Exhibit A.  DD Form 149, dated 9 Jun 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1, dated 14 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 1 Dec 16, w/atch.

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.