RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00205 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Date of Rank (DOR) to the grade of Major (Maj, O-4) be changed to Mar 14, instead of Dec 14. APPLICANT CONTENDS THAT: He completed a promotion board to the grade of Maj in Mar 14 and the promotion was approved. However, the promotion packet was lost thru no fault of his own. A new packet was sent in Aug 14 and he was approved for promotion Dec 14. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to Special Order (SO) Number ANG A-12-MI, dated 2 Nov 10, the applicant was appointed as an officer in the Michigan Air National Guard (ANG). According to Special Order (SO) AP-450, on 4 Aug 13, the applicant was promoted to the grade of Maj, with a DOR of 17 Aug 14, effective 11 Dec 14. AIR FORCE EVALUATION: NGB/A1PO recommends denial. The applicant was approved for Position Vacancy (PV) promotion utilizing the 17 Aug 14 Federal Recognition Examining Board (FREB). ANG officers are mandated by law to be considered for promotion IAW Reserve Officer Personnel Management Act effective 1 Oct 96, prior to the officer obtaining seven years of time in grade. However, at the request of The Adjutant General, ANG officers can be recommended for PV promotion in advance of their projected mandatory Reserve Officer Personnel Management Act 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 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 applicant’s promotion request was received on 27 Aug 14 containing a FREB, dated 17 Aug 14. He was placed on the ANG Sep 14 PV promotion list with a date of rank of 17 Aug 14 as identified on the FREB. The applicant has a current date of rank of 17 Aug 14 as approved by his PV promotion action. 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 17 Aug 15 for review and comment within 30 days (Exhibit D). 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, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. 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-2015-00205 in Executive Session on 1 Oct 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PO, dated 2 Apr 15, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 17 Aug 15.