RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04642

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His date of rank (DOR) for promotion to captain be 22 Jan 15, instead of 1 Apr 16.  

APPLICANT CONTENDS THAT:

He was discharged from the Mississippi Army National Guard (ARNG) on 4 Jan 15. Due to an error in his records regarding his education and his expeditious departure to Vance AFB, OK for specialized undergraduate pilot training (UPT), he was erroneously not promoted on 22 Jan 15 to captain but instead was promoted on 1 Apr 16, one year and two months past his mandatory promotion date.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a captain in the Air National Guard (ANG), with DOR and effective date for promotion of 1 Apr 16.  

Special Order 030-808 dated 30 Jan 15, shows the applicant was promoted to first lieutenant with DOR and effective date for promotion of 22 Jan 13.  

Special Order AB-60 MS dated 5 Jan 15, shows the applicant was granted temporary Federal Recognition effective 5 Jan 15. 

Special Order AB-204 MS dated 24 Aug 15, shows the applicant was promoted to captain in the MS ANG on 22 Jan 15 or upon approval of Federal Recognition.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1PO recommends approval.  The applicant transferred from the ARNG to the ANG on 5 Jan 15 with no break in the Reserve Active Status List (RASL).  Per AFI 36-2504, Officer Promotion, Continuation and Selective Early Removal in the Reserve of the Air Force, two years is the maximum in grade as a first lieutenant.  The applicant was eligible to meet the CY15A Captain Promotion process; however, he met the CY15B Captain Promotion Process and was selected for promotion with a DOR of 1 Apr 16.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Sep 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGBP/A1PO and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 that he was promoted to the grade of captain with a date of rank (DOR) and effective date for promotion of 22 Jan 15, instead of 1 Apr 16.   

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-2016-04642 in Executive Session on  23 Oct 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2016-04642:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Feb 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, w/atchs, dated 11 Jul 18.  
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Sep 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.