ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-04285

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

The Board reconsider his request to reinstate his promotion to senior master sergeant (E-8), with back pay.

RESUME OF THE CASE

The applicant is a retired Air National Guard master sergeant (E-7).  

On 4 Jan 05, the Board considered and denied his request to waive the six-month in grade requirement to retire in the highest grade held so he could retire in the grade of E-8, finding the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit G. 

On 24 Aug 21, the applicant requested reconsideration of his request for reinstatement of his promotion to E-8, with back pay.  He again contends he was promoted to the grade of E-8 and held the grade for a few months, but due to the commander not following the correct procedures, he lost his position and rank.  There was no documented or verbal evidence that he had done anything wrong. The error was at command, and he was punished for their mistake.  In support of his  reconsideration request, the applicant submitted the following new evidence: (1) AF Form 2096, Classification/On-the-Job Training Action, dated 1 Feb 03; (2) AF Form 2096, Classification/On-the-Job Training Action, dated 8 Mar 04; and (3) United States House of Representatives correspondence, dated 24 Aug 21. 

The applicant’s complete submission is at Exhibit H.

APPLICABLE AUTHORITY

Air National Guard Instruction (ANGI) 36-2502, Promotion of Airmen:

1.6. Administrative Procedures:
	1.6.3. Promotion orders authorized by a commander without promotion authority or for a member who is later found to be ineligible for the promotion will be revoked only upon specific approval by TAG or AAG for Air.

3.4. Retraining Promotion Program (RPP).
	3.4.1. Any airman who is retraining may be promoted on the basis of his or her currently held PAFSC, subject to the following:
3.4.1.1. The airman must be fully qualified in the previous AFSC, be approved by the commander for retraining, and obtain a 3-skill level in their current DAFSC prior to promotion recommendation.	

AIR FORCE EVALUATION

NGB/A1PP recommends denying the application.  The documentation provided does not sufficiently prove evidence of an error or injustice.  The applicant’s official military record contains an AF Form 2096 assigning him to a senior master sergeant 3M091 Air Force Specialty Code (AFSC) position, effective 1 Feb 03; however, there is no AF Form 2096 showing the applicant was awarded the 3-skill level in the DAFSC qualifying him for promotion in accordance with ANGI 36-2502. Additionally, ANGI 36-2502 specifically addresses this type of situation in paragraph 1.6.3., stating, “Promotion orders authorized by a commander without promotion authority or for a member who is later found to be ineligible for the promotion will be revoked only upon specific approval by TAG or AAG for Air.”

The complete advisory opinion is at Exhibit J.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 29 Mar 22 for comment (Exhibit K), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  There is no evidence the applicant met the eligibility criteria for promotion to senior master sergeant (E-8) in accordance with ANGI 36-2502, rendering revocation of his promotion orders appropriate.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2003-04285 in Executive Session on 16 Jun 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit G:	Record of Proceedings, w/Exhibits A-F, dated 10 Jan 05.
Exhibit H:	Application, DD Form 149, w/atchs, dated 24 Aug 21.
Exhibit I:	Documentary evidence, including relevant excerpts from official records.
Exhibit J:	Advisory Opinion, NGB/A1PP, dated 28 Mar 22. 
Exhibit K:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Mar 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.