RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00726

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

1. His current date of rank (DOR) to lieutenant colonel (O-5) of 6 Jan 16, and pay effective date to O-5 of 27 Oct 16, be changed to 19 Aug 15.

2. As an alternative, change his pay effective date to O-5 to 6 Jan 16 matching his current DOR to O-5.

APPLICANT CONTENDS THAT:

His initial O-5 promotion package submitted to the National Guard Bureau (NGB) for the 19 Aug 15 state Position Vacancy (PV) Federal Recognition Examination Board (FREB) was returned without action due to an error by his state of not having a colonel (O-6) board president.  Subsequent to that error, the state reboarded his promotion package on 6 Jan 16, but due to administrative errors (NGB staff misplaced his promotion package), his second promotion package was not properly scrolled on the Feb 16 scroll, but instead made the Jun 16 SecDef approved appointment scroll, resulting in his current pay effective date of 27 Oct 16.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Phoenix Air National Guard in the grade of major (O-4).

According to documents submitted by the applicant:

	On 19 Aug 15, Arizona PV FREB 89-1, issued Special Order AB-117-AZ, promoting the applicant to the grade of O-5, effective upon approval of Federal Recognition (Exhibit A, pg 7).

	On 4 Jan 16, the NGB notified the state of Arizona of the error (no O-6 President) of PV FREB 89-1, making the results of the board invalid, returning the applicant’s promotion package with no action (Exhibit A, pg 9).   

	 On 6 Jan 16, Arizona PV FREB 89-1 reboarded the applicant’s promotion package, finding he is qualified for the promotion to the grade of O-5, and recommends he be granted Federal Recognition (Exhibit A, pgs 11-12).

	The applicant’s promotion recommendation was not scrolled until Jun 16, with the SecDef approving Federal Recognition (effective date for pay) on 27 Oct 16 (Exhibit A, pgs 17-19).   

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1PO recommends partially granting the application.  The 19 Aug 15 state PV FREB had an improper board composition (missing O-6 board president), requiring the state to re-board promotion packages on 6 Jan 16.  The applicant’s promotion package was re-boarded and determined to be fully eligible for promotion on 6 Jan 16.  Due to unforeseen circumstances the applicant’s promotion package was misfiled and he was not properly scrolled on the Feb 16 scroll (SecDef approved on 1 Jul 16), but instead made the Jun 16 scroll (SecDef approved 27 Oct 16), resulting in the applicant’s DOR and effective pay date of 27 Oct 16.  Pursuant to Title 10 USC Chapter 1405, Section 14309, effective date of promotion (pay effective date) is extended by federal recognition.  SecDef approves federal recognition through delegation by Presidential Executive Order and upon promotion order release by NGB/A1PO.  

Prior partial relief has been granted to the applicant by approving the valid state FREB re-accomplishment on 6 Jan 16 establishing his O-5 DOR as 6 Jan 16.  A1PO recommends the Board grant additional relief by correcting the applicant’s record with an effective pay date of promotion on the Feb 16 PV appointment scroll approved by SecDef 1 Jul 16 (scroll his promotion should have received federal recognition), entitling the applicant to back pay as of 1 Jul 16, in accordance with Title 10 USC Chapter 1405, Section 14309.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his request.  In particular, the documentation provided verified due to unforeseen circumstances the applicant’s second O-5 promotion package submission for the 6 Jan 16, Arizona PV FREB 89-1, was misfiled, resulting in the applicant not being properly scrolled on the Feb 16 scroll, but instead made the Jun 16 SecDef approved appointment scroll, which is sufficient to justify changing his pay effective date to O-5, to 1 Jul 16, the date SecDef approved the Feb 16 PV appointment scroll.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his effective pay date of promotion to lieutenant colonel is 1 July 2016.

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00726 in Executive Session on 16 Oct 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, w/atchs, dated 21 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.