RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01820 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) for promotion to major (O-4) be adjusted to 14 March 2012 rather than 1 September 2012. ________________________________________________________________ APPLICANT CONTENDS THAT: He was appointed into the Air National Guard (ANG) on 1 March 2011, directly from the Army Reserves, with a captain (O-3) DOR of 1 September 2005. This made him immediately eligible to meet a mandatory promotion board under the Reserve Officer Personnel Management Act (ROPMA); therefore, he should have been scheduled to meet the Calendar Year 2011 (CY11) ANG Major Line and Non- Line Promotion Selection Board which convened in April 2011. However, his record was gained with an incorrect DOR; therefore, his name was not identified as an eligible officer to meet the CY11 or CY12 ROPMA promotion boards. Once this error was caught, he was scheduled and selected by a Special Selection Board (SSB) for promotion to major with a DOR and effective date of 1 September 2012. If he had met and been selected by the CY11 ROPMA board in 2011, his commander could have requested his promotion be accelerated after Public Release of that board. In support of his appeal, the applicant provides a personal statement, letter of support from his commander; and, copies of promotion documents; Officer Performance Report; DD Form 214, Certificate of Release or Discharge from Active Duty; and electronic communications. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the ANG in the rank of major with a DOR of 1 September 2011. The remaining relevant facts, extracted from the applicant’s military service record, are contained in the evaluation provided by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PO recommends approval. A1PO states the applicant’s commander has provided a statement that the applicant did meet the requirements for promotion to major as of 14 March 2012, and that he would have submitted him for accelerated promotion at that time, if he could have. Therefore, they concur with the applicant’s request and recommend his DOR and Promotion Effective Date be changed from 1 September 2012 to 14 March 2012. The complete A1PO evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 May 2013, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. __________________________________________________________________ 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 warranting relief. After a thorough review of the evidence presented, we agree with the recommendation made by the Air Force office of primary responsibility and adopt their rationale as the basis for our decision that the applicant was a victim of an error or injustice. Therefore, we recommend the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to reflect that competent authority approved his Promotion Effective Date to the grade of major (O-4) as 14 March 2012 rather than 1 September 2012. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01820 in Executive Session on 28 January 2014, 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-2013-01820 was considered: Exhibit A. DD Form 149, dated 10 Apr 13, with atchs. Exhibit C. Letter, NGB/A1PO, dated 26 Apr 13. Exhibit D. Letter, SAF/MRBR, dated 3 May 13. 3 4