RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03215 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His date of rank (DOR) to the grade of major be changed to 15 Sep 12, and his effective date of rank to 17 Dec 12. APPLICANT CONTENDS THAT: Through no fault of his own, there was a gap in his performance evaluation records in 2009 during the period of time when he transferred from the Air Force Reserve (AFRES) to the Air National Guard (ANG), which prevented his leadership from boarding him for a position vacancy promotion on 15 Sep 12 as they intended. The resolution required to fix the gap and prepare his records delayed his board until 14 Feb 14 (sic). In support of his appeal, the applicant provides a letter of support from the Director, Joint Staff stating his intent to hold a position vacancy board for the applicant on 15 Sep 12, and explaining he was prevented from doing so due to a gap in the applicant’s official records created by an error when he transferred from the Air Force Reserve, and a letter from his supervisor at the time stating it was his intent, as well as the intent of the Command, to vacancy promote the applicant on 15 Sep 12, but he was prevented from doing so through no fault of the applicant’s. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially served in the AFRES as an Individual Mobilization Augmentee (IMA), transferring to the ANG in 2009. Under Special Order Number AP-233, dated 19 Jul 13, the applicant was extended Federal recognition and promoted to the grade of major in the Reserve of the Air Force, with a DOR of 14 Feb 13, and an effective DOR of 17 Jul 13. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: NGB/A1PO recommends denial indicating there is no evidence of an error or an injustice. At the request of The Adjutant General (TAG), ANG officers can be recommended or Position Vacancy (PV) promotion in advance of their projected mandatory Reserve Officer Personnel Management Act (ROPMA) eligibility 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, and is found to be fully qualified for promotion by a Federal Recognition Examining Board (FREB) convened by the state. For PV promotions only, the officer’s date of rank (DOR) is the date in which the officer was found fully qualified by the FREB and the effective date of promotion is the date in which the Secretary of Defense (SECDEF) approved the promotion list. The applicant’s FREB dated was 14 Feb 13. The applicant’s promotion record was reviewed by NGB/A1PO for eligibility and he was placed on the ANG March 2013 PV promotion list with a DOR of 14 Feb 13. The ANG March 2013 PV promotion list was approved by the SECDEF on 17 Jul 13. Therefore, the applicant’s existing DOR of 14 Feb 13, and effective date of rank of 17 Jul 13, are correct. A complete copy of the NGB/A1PO evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He concurs with the initial NGB advisory which recommended granting his request, but strongly disagrees with the updated NGB advisory, dated 22 Apr 15, which replaced the initial advisory and recommends denial. The updated NGB advisory does not address his central claim of an error outside of his control which prevented him from meeting the vacancy promotion board his leadership intended him to meet on 15 Sep 12. In addition, he submitted an additional letter of support from his Force Support Officer (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. We took notice of the applicant’s complete submission, to include his rebuttal response to the advisory opinion, in judging the merits of the case; however, we agree with the opinion and recommendation of NGB/A1PO and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board acknowledges the intent of the applicant’s commander was to promote him through the vacancy promotion process in Sep 12, we do not believe that a commander’s intent creates an automatic entitlement to promotion or that there was an error or injustice in the fact that it took longer than the commander intended. The applicant was promoted ahead of his peers through the vacancy promotion process on the date his vacancy promotion board was conducted. Moreover, the Board exercises the authority of the Secretary of the Air Force (SecAF), and the SecAF does not have the authority to retroactively establish the applicant’s effective date of rank to a date prior to the date on which the SECDEF approved his promotion without the applicant having first met and been selected by a valid promotion board. Therefore, 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-2014-03215 in Executive Session on 11 Aug 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 3 Aug 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGB/A1PO, dated 22 Apr 15, w/atch. Exhibit D.  Letter, SAF/MRBR, dated 11 May 15. Exhibit E.  Letter, Applicant, dated 29 May 15, w/atchs.