RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04179 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her records be corrected to reflect she was promoted to the grade of master sergeant (E-7), effective and with a date of rank of 1 Oct 10. 2. She was retired in said grade on 1 Mar 12. ________________________________________________________________ APPLICANT CONTENDS THAT: Were it not for the inexplicable interruption of the staffing of her enlistment extension request, she would have attained the retainability required to be promoted to master sergeant (E-7) before she retired. In August 2010, her supervisor and commander submitted a request for her promotion to master sergeant; however, she lacked the requisite 24-months of retainability required for the promotion. Her supervisors submitted a request through proper staffing channels for a 90- day extension of her enlistment so she could be promoted; however, the extension request was never staffed beyond the Air National Guard Readiness Center (ANGRC) Human Resource Office and therefore, never reached the final approving official, the Director of the Air National Guard. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s master personnel records, she served on extended active duty with the Air National Guard (ANG) in the grade of technical sergeant (E-6) during the matter under review. On 9 Mar 10, the applicant’s active duty tour was extended until 29 Feb 12 to coincide with her attaining 20 years of total active federal military service. In accordance with ANGI 36-6, Air National Guard Statutory Tour Policies and Procedures, paragraph 5.4.2, Directors/2-digit equivalents recommending members for extension beyond 20 years total active federal military service (TAFMS) must provide justification supporting the retention of the member which describes why it is in the best interest of the ANG statutory tour program to extend member; identify if the individual has promotion potential; identify if there is not a pool of potential candidates for the position held and why; what will be done to ready replacement candidates during the extension period if granted; and any special circumstances. On 1 Mar 12, the applicant retired from the ANG in the grade of technical sergeant (E-6) and was credited with 20 years and 13 days of total active military service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary and is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/HRS recommends denial indicating there is no evidence of an error or injustice. On 12 Aug 10, NGB/HR received a request from NGB/A3 to promote the applicant to the grade of master sergeant. However, the applicant did not have the requisite 24 months of retainability to assume the higher grade in accordance with ANGI 36-2101, Air National Guard Active Guard Reserve Program. On 18 Aug 10, NGB/HR emailed the applicant’s leadership informing them that in accordance with ANGI 36-6, paragraph 5.9, requests for extensions of statutory tour members beyond 20 years of active duty require approval by the Director, Air National Guard (NGB/CF) with justification from NGB/A3. Upon receipt of the request, NGB/HR would process to NGB/CF. On 3 Sep 10, NGB/A3 submitted documentation to NGB/HR requesting a 90 day extension of the applicant’s estimated time of separation (ETS) to accommodate her promotion. On 14 Sep 10, officials from NGB/HR and NGB/A3 met to discuss the pending request for an extension of the applicant’s enlistment to accommodate the promotion. As a result of the meeting, NGB/A3 decided to rescind their request for the extension. As such, the applicant failed to meet the retainability requirements for promotion to the grade of master sergeant. A complete copy of the NGB/HRS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates her argument that her leadership submitted a request for extension in order to promote her to the next rank; however, NGB/HR failed to process the request. She submits that her commander continues to support her promotion to MSgt. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ 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. The applicant contends that the failure of NGB/HR to process her request for an extension of her reenlistment unfairly deprived her of the retainability she needed to be promoted to master sergeant (E-7) prior to her retirement from the Air National Guard (ANG). After a thorough review of the evidence of record and the applicant’s complete submission, including her rebuttal response, we are not convinced the applicant is the victim of an error or injustice. While the applicant argues that her case turns to the purported failure of NGB/HR to process her request for an extension her enlistment, we do not find her arguments or the documentation presented sufficient to conclude that her request for an extension was not appropriately handled when it was apparently returned without action to the recommending official for further justification. In this respect, we note that in accordance with the provisions of ANGI 36-6, The Air National Guard Statutory Tour Program Policies and Procedures, requests for extension of statutory tour members beyond 20 years of active service need to be fully justified by the recommending director and, among other things, explain why the applicant’s continued retention is in the best interests of the ANG. While it is clear the recommending officials initiated the request for an extension of the applicant’s statutory tour so she could gain the retainability required to be promoted to the higher grade before she retired, her leadership’s initial request for an extension does not appear to comply with the requirements of ANGI 36-6 as it lacked a clear and convincing justification for her retention beyond 20 years of active duty and was likely returned without action to the recommending official on that basis. While the applicant argues that she was told that her request was denied by NGB/HR, rather than returned without action, we find such a distinction academic and conclude the evidence presented is not sufficient to overcome the presumption of regularity in the conduct of government affairs which, in the absence of evidence to the contrary, requires us to presume that responsible officials acted in good faith in carrying out their duties. Accordingly, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2012-04179 in Executive Session on 2 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/HRS, dated 6 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13. Exhibit E. Letter, Applicant, undated.