RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00293 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His date of rank (DOR) to staff sergeant (SSgt) (E-5) be corrected from 13 July 2012 to 2 April 2011. In the applicant’s rebuttal to the Air Force advisory opinion he changes his request to correct his DOR from 13 July 2012 to 27 October 2011. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He met all Air Force requirements for promotion to SSgt by 7 November 2010 and all unit requirements by 18 March 2011. However, due to administrative errors, he was not promoted until 13 July 2012. This delay will affect his future promotion dates by as much as a year. In support of his appeal, the applicant provides letters of support from his unit commander and supervisor; Report of Individual Personnel; Air National Guard/United States Air Force Reserve Point Summary; and Physical Fitness Scores. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is currently serving in the Tennessee Air National Guard (ANG) in the grade of staff sergeant with a DOR of 13 July 2012. On 4 October 2011, the applicant’s interim supervisor recommended the applicant for promotion to the grade of SSgt on a Tennessee ANG Form 1, Tennessee Air National Guard Enlisted Vacancy Promotion Request, with a recommended promotion effective date of 5 November 2011. The promotion recommendation was coordinated by the Acting Unit Commander on 27 October 2011. ________________________________________________________________ _ AIR FORCE EVALUATION: NGB/A1PP recommends denial. A1PP states the applicant’s Tennessee ANG Form 1 indicates he was recommended for promotion to SSgt; however, the form was not endorsed by his unit commander and had a recommended promotion date of 5 November 2011, not 2 April 2011 as the applicant requests. Additionally, the recommendation was submitted by the applicant’s supervisor, not his commanding officer. ANG Instruction 36-2502, Section 1.2.3, indicates “First Sergeant or immediate supervisors will not have promotion authority.” Section 1.4.1., of the same instruction notes “the fact that a member meets each of the eligibility criteria outlined in this instruction does not automatically guarantee promotion to the next higher grade… Prior to promotion to any grade, the immediate commander must first recommend the airman.” The complete A1PP evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The Acting Unit Commander, who signed his promotion recommendation on 27 October 2011, is the full-time Detachment Commander and has had signature authority since 2004 in the unit commander’s absence. Numerous promotions and administrative actions, such as his, have been signed by the Acting Unit Commander and approved through State Headquarters. In light of the submitted promotion request, he respectfully requests that his DOR be changed from 13 July 2012 to 27 October 2011, and not 2 April 2011 as per his original request. The applicant’s complete rebuttal, with attachments, 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note the letters of support from the applicant’s supervisor and commander indicating the applicant’s promotion was unreasonably delayed due to numerous administrative errors and that his DOR should be corrected to 2 April 2011. Based on the sequence of events and the evidence of record, we concur that the promotion was unreasonably delayed. However, we note the acting commander, who had recommendation authority in the commander’s absence, signed the required promotion recommendation form on 27 October 2011 with a promotion effective date of 5 November 2011. Taking into consideration the letters of support from the applicant’s chain of command, and the actual promotion recommendation form, we believe the earliest reasonable date to correct the applicant’s DOR would be the date the acting commander signed the promotion recommendation form rather than the recommended promotion effective date of 2 November 11 or the requested date of 2 April 2011. We note the applicant, in his rebuttal, is in concurrence with changing his record to reflect a DOR of 27 October 2011. Accordingly, we recommend the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the grade of staff sergeant (E-5), effective and with a date of rank of 27 October 2011 rather than 13 July 2012. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00293 in Executive Sessions on 15 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2013- 00293 was considered: Exhibit A. DD Form 149, dated 13 Jan 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PP, dated 20 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 27 Feb 13. Exhibit E. Letter, Applicant, dated 8 Apr 13, w/atchs. 2 3 4