RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03495 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her promotion effective date to the grade of major be changed from
22 Jun 16 to 13 Apr 16.
She receive all back pay and allowances for two Unit Training Assemblies (UTAs) and her two-week annual training during the period 13 Apr 16 to 22 Jun 16.

APPLICANT CONTENDS THAT:
Due to no fault of her own, her promotion package was not processed by the National Guard Bureau (NGB), which caused a two-month delay in the effective date of her promotion.

She performed two guard drills, as well as her two-week annual training during the two-month delay, which resulted in a loss of pay.

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

STATEMENT OF FACTS:
The applicant is currently serving in the Air National Guard in the grade of major.

According to Special Order number AP-114, dated 27 Jun 16, provided by the applicant, she was promoted to the grade of major effective
22 Jun 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 B.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

AIR FORCE EVALUATION:
NGB/A1PO recommends denial indicating the applicant’s promotion effective date cannot exceed Secretary of Defense (SECDEF) approval. In accordance with (IAW) Title 10 United States Code (U.S.C) 14308 and 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, the effective date for pay purposes is determined by NGB/A1PO based on the SECDEF approval date, announced in Federal Recognition orders and updated in the Military Personnel Data System.

IAW ANGI 36-2504, the position vacancy (PV) promotion provides a “below the zone” accelerated promotion opportunity. PV promotion Date of Rank (DOR) is the date the officer meets the Federal Recognition Board. The pay effective date is the date the scroll is approved by the SECDEF.

NGB/A1PO’s general practice is to process PV promotion requests received by the last day of the month for placement on the following month’s promotion scroll. However, there is no law or regulation requirement that dictates the timeline for processing PV promotions.

At the time of the applicant’s promotion request, NGB/A1PO had multiple staff members working PV promotions, with each one responsible for a certain number of States assigned. Based on the documentation provided by the applicant, on 14 May 15, the South Dakota ANG (SDANG) emailed the applicant’s PV package; however, it appears NGB/A1PO never acknowledged receipt.

On 2 Dec 15, the SDANG submitted a status request and on 13 Jan 16, NGB/A1PO confirmed receipt of the package emailed to them on 8 Jan 16.

On 8 Jan 16, NGB/A1PO validated the promotion package and placed the applicant on the Jan 16 scroll for the Secretary of the Air Force (SECAF) and SECDEF approval. On 22 Jun 16, the SECDEF approved the Jan 16 scroll.
While slightly out of the normal sequence for processing, the Jan
16 scroll gives the applicant a 2 May 15 DOR and a 22 Jun
16 effective date, two years in advance of her 20 Dec 18, above the zone promotion anniversary date.
In addition, NGB/A1P concurs with the recommendation of NGB/A1PO. A complete copy of the NGB/A1PO evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6 Oct 17, for review and comment within 30 days (Exhibit C). 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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or 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 AFBCMR Docket Number BC-2016-03495 in Executive Session on 9 Nov 17, under the provisions of AFI 36-2603:
Panel Chair
r
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03495 was considered:

Exhibit A. DD Form 149, dated 16 Aug 16, w/atchs. Exhibit B. Memorandum, NGB/A1PO, dated 15 Dec 16. Exhibit C.  Letter, SAF/MRBR, dated 6 Oct 17.

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.