RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04719

XXXXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His position vacancy (PV) promotion to the grade of major, effective 15 Aug 16, be changed to 22 Apr 16 and he receive the associated back pay.

APPLICANT CONTENDS THAT:

A PV promotion board, held on 16 Sep 15, recommended him for promotion to the grade of major.  The promotion package was submitted by headquarters (HQ) Pennsylvania Air National Guard (Pa ANG) to NGB/A1PO after the board convened.  In Jan 16, HQ PaANG staff inquired with NGB/A1PO on the status of his promotion due to a series of lost promotion packages.  At that time, NGB/A1PO had no record of the promotion package, and on 14 Jan 16, HQ PaANG emailed the promotion package to NGB/A1PO a second time.  On 7 Apr 16, HQ PaANG inquired on the status of his promotion and NGB/A1PO could not account for the promotion package.  NGB/A1PO added him to the Mar 16 PV list based on them not being able to produce documentation of the Jan 16 resubmission.  He was promoted to the grade of major with a date of rank (DOR) of 16 Sep 15 and effective date of 15 Aug 16.  If his promotion package would have been initially accounted for, his effective date of promotion would have been 22 Apr 16.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a major in the Air National Guard.  

Per Special Order No. A-69, dated 9 Nov 06, the applicant was honorably discharged from the PaANG and the Reserve of the Air Force as a staff sergeant, effective 16 Nov 06, for acceptance of appointment as a commissioned officer in the PaANG.

Per Special Order No. A-69, the applicant was appointed a second lieutenant, effective 17 Nov 06, as a pilot trainee in the PaANG.

Per Special Order No. A-241, dated 30 Aug 16, the applicant was promoted to the grade of major with a DOR of 15 Sep 15.
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 denying the application.  NGB/A1PO verified the applicant’s promotion package was received on 14 Jan 16.  Eligibility screening and scrolling occurred on 6 Apr 16, with the applicant being added to the already coordinating scrolls.  The applicant was placed on the Mar 16 ANG Reserve Command (ANGRC) PV, signed by the Secretary of the Air Force on 18 Jul 16 and approved by the Secretary of Defense (SecDef), with a promotion effective date of 15 Aug 16 and DOR of 16 Sep 15.  Pursuant to Title 10 USC Chapter 1405 § 14309, 3.2.f, effective date of promotion is extended by federal recognition.  Federal Recognition is approved by SecDef through delegation by Presidential Executive Order and upon promotion order release by NGB/A1PO.  Partial relief has been granted by approving the State Federal Reserve Eligibility Board (FREB) with original 16 Sep 15 date of rank.  Per ANGI 36-2504, Federal Recognition of Promotion in the Air National Guard (ANG) and is a Reserve of the Air Force Below the Grade of General Officer, Chapter 1, paragraph 1.2.5, FREBs are good for only 60 days.  A processing change has extended this requirement to 90 days pending regulation rewrite.  Receipt of the consideration for action on 14 Jan 16 exceeded this requirement.  

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), and the applicant replied on 19 Oct 18.  In his response, the applicant contends that the subject matter expert who wrote the advisory is directly involved in the chain of mishandled paperwork.  This is a conflict of interest and the advisory recommendation should not be accepted. 

The applicant’s complete response is at Exhibit E.

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PO and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-04719 in Executive Session on 24 Oct 18:

Chair 
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 11 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Sep 18.
	Exhibit E:  Applicant response, dated 19 Oct 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.