RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01520 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His Date of Rank (DOR) to the grade of Lieutenant Colonel (Lt Col) be changed to 10 Feb 13. 2. His Promotion Effective Date (PED) to the grade of Lt Col be change to 12 Jun 13. APPLICANT CONTENDS THAT: He should have been on the Feb 13 ANG Position Vacancy promotion list, with an DOR of 10 Feb 13; however, due to an administrative error he was selected for promotion by the Nov 13 Air National Guard (ANG) Lt Col Position Vacancy board instead of the Feb 13 board. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Oct 11, the applicant was appointed and federally recognized as a major in the Utah ANG (UTANG). Based on information provided by the applicant, a letter from the UTANG Military Personnel Management Office, dated 16 Jan 14, request the applicant promotion to Lieutenant Colonel be effective Feb 13, when he met the original promotion board. However, due to an administrative error his promotion package was not sent forward. On 22 Oct 13, an additional board was held to update paperwork. AIR FORCE EVALUATION: NGB/A1PO recommends partial relief. The applicant was originally boarded for promotion to the grade of Lt Col on 10 Feb 13, but his promotion package was not processed correctly due to an administrative error. He was required to be re- boarded for promotion on 22 Oct 13. He was subsequently processed for promotion on a later list and promoted effective 27 Feb 14, on the Nov 13 ANG Position Vacancy list. If his promotion had been processed correctly, he would have been placed on the Mar 13 ANG Position Vacancy list and promoted to the grade of Lt Col with a DOR of 19 Feb 13 and a PED of 17 Jul 13 (the date the Mar 13 ANG Position Vacancy list was approved). 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 19 Jul 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: NGB/A1PO revised their opinion and now recommends denial. A1PO notes the applicant’s request to have his Date of Rank (DOR) adjusted to 10 Feb 13 as he was approved for PV promotion utilizing the 22 Oct 13 Federal Recognition Examining Board (FREB). In addition, A1PO notes that officers are mandated by law to be considered for promotion In Accordance With (IAW) Reserve Officer Personnel Management Act (ROPMA), effective 1 Oct 96, and prior to the officer obtaining seven years’ time in grade (TIG). However, at the request of The Adjutant General (TAG) ANG officers can be recommended for Position Vacancy (PV) promotion in advance of their projected mandatory ROPMA date if the officer meets all eligibility requirements outlined in ANGI 36-2504, Federal Recognition of Promotion in the Air National Guard (ANG) and as a Reserve of the Air Force Below the Grade of General Officer, Chapter 3, and is found to be fully qualified for promotion by a Federal Recognition Examining Board (FREB). Chapter 3 also specifies that PV promotions must be reserved for a very limited number of truly outstanding officers who have demonstrated potential for positions of increased responsibility. Officers will only be placed on a PV promotion list after NGB/A1PO has received a promotion request and a review of the officer’s promotion record to ensure the officer meets all the eligibility requirements outlined in paragraph 3.3. IAW ANGI 36-2504, Chapter 1, FREBs are valid for a period of 60 days; therefore, an officer must be placed on a PV promotion list prior to the expiration of the 60 days. For PV promotions only, the officer’s DOR is the date in which the officer was found fully qualified for promotion by a FREB and the effective date of promotion is the date in which the Secretary of Defense approved the promotion list. The complete A1PO evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 Aug 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, while we note that originally NGB/A1PO had recommended partially granting the applicant’s request, they later determined that his promotion package did not meet the requirements set forth in ANGI 36-2504, Federal Recognition of Promotion in the Air National Guard (ANG) and as a Reserve of the Air Force Below the Grade of General Officer, Chapter 1 and Chapter 3. While we note the reasons A1PO recommends denial, the applicant has not presented any evidence substantiating that he was promoted by the State prior to the Oct 13 FREB package as required by ANGI 36-2504, para 3.3.13. Furthermore, since the UTANG failed to submit the applicant’s FREB package in Feb 13, neither A1PO nor this Board is able to confirm the applicant’s eligibility for promotion to Lieutenant Colonel during the time of his examination for PV promotion in Feb 13. Therefore, this Board is without authority to promote the applicant any earlier than he was initially promoted at the State level which is required prior to his Federal recognition and appointment by the Secretary of Defense as a Reserve of the Air Force. In view of this and in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-01520 in Executive Session on 26 Feb 15 and 15 Sep 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Apr 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, NGB/A1PO, dated 23 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 19 Jul 14. Exhibit E. Letter, NGB/A1PO, dated 29 Jun 15. Exhibit F. Letter, SAF/MRBR, dated 6 Aug 15.