RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03259

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO
APPLICANT’S REQUEST

His date of rank (DOR) for lieutenant colonel (O-5) be changed from 9 Feb 18 to 14 Oct 17 and his effective DOR be changed from 15 Aug 18 to 19 Apr 18.

APPLICANT’S CONTENTIONS

On Jan 2017, he was initially submitted for an Air National Guard (ANG) Position Vacancy (PV) promotion; however, the first available PV board did not occur until 14 Oct 17.  When he met the board, he was selected for promotion, but due to an administrative error his package was not processed until Apr 2018 and he did not receive his final promotion date until 15 Aug 18.  If not for this error, his effective date of promotion would have been 19 Apr 18.  

In support of his appeal, the applicant provides a letter from his wing commander dated 28 Mar 19, who states that a PV Board was initially held on 14 Oct 17, but the board was determined invalid due to an enlisted member being assigned as a recorder.  As such, the applicant’s promotion package was re-boarded on 9 Feb 18 and the wing commander strongly recommends the AFBCMR consider changing his DOR to reflect 14 Oct 17.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-5).

On 9 Feb 18, NGB 89-1, Proceedings of a Federal Recognition Examining Board (FREB), shows that the applicant was qualified for promotion to lieutenant colonel (O-5) and the FREB recommended he be granted federal recognition. 

According to an Apr 2018 Lieutenant Colonel Promotion list, the applicant was recommended for promotion, pending extended Federal recognition by the Office of the Secretary of Defense (OSD).

On 23 Jul 18, the Secretary of Defense (SecDef) approved the applicant’s appointment for lieutenant colonel (O-5).

On 20 Aug 18, Special Order Number AP-162, indicates that the applicant was extended Federal recognition and promoted with a DOR of 9 Feb 18 and an effective date of 15 Aug 18. 

According to the applicant’s SURF, his current DOR and promotion effective date (PED) reflect 9 Feb 18 and 15 Aug 18, respectively.  

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.  According to their promotion database, a PV consideration package was received on or about Oct 2017; however, the package was returned without action for not meeting the FREB requirements under Air National Guard Instruction 36-2505, Chapter 2, paragraph 2.2, Composition of Federal Recognition Examining boards, Officers.  As such, a second PV consideration package was submitted and boarded five months later on 9 Feb 18.  It was then submitted by state officials for PV with a receipt date of 16 Mar 18 and was scrolled for SecDef approval on Apr 2018.  While normal processing for federal recognition is between 4-6 months, it took 7 months for final approval, which occurred on 15 Aug 18.  In this regard, A1PO believes that if state officials would have boarded his second PV consideration package immediately and the federal recognition process was timelier, then the applicant would have been approved within the normal 4 to 6 month timeframe.  Therefore, they recommend that the applicant’s DOR by valid state FREB stay the same, but the Board should eliminate the delays in the state submission and the federal recognition process by changing his promotion effective date from 15 Aug 18 to 23 Jul 18. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Mar 20 for comment (Exhibit D), and the applicant replied on 21 Apr 20.  In his response, the applicant provides a memorandum from the PV Board President as additional evidence and states that if his wing would have boarded his package correctly or re-boarded within a week of the mistake, then he would have been promoted 4-6 months earlier. 
  
According to the aforementioned memorandum, the President of the 14 Oct 17 FREB, states that  the circumstances that occurred with the erroneous promotion board were beyond the applicant’s control and recommends that the AFBCMR correct the date of promotion to reflect 14 Oct 17.     

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs in part with the rationale and recommendation of NGB/A1PO, but finds a preponderance of the evidence substantiates the applicant’s contentions that his promotion date of rank should reflect 14 Oct 17 with an effective DOR of 19 Apr 18.  In this regard, the Board notes the memoranda provided by his wing commander and the 9 Feb 18 Federal Recognition Examining Board (FREB) president, who both indicate that had an enlisted member not been a recorder for the FREB, the applicant more than likely would have been promoted and received the requested date of rank.  Given that the applicant was selected by the FREB on 9 Feb 18 and due to the various delays with the scrolling process, the Board finds the evidence substantial enough to recommend granting his requests. Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his date of rank to the grade of lieutenant colonel (O-5) reflect 14 October 2017, with an effective date of rank of 19 April 2018.  

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-2019-03259 in Executive Session on 12 May 20 and 15 May 20:

	, Panel Chair
	, Panel Member
	, Panel Member12 May 20:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 08 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, w/atchs, dated 20 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Mar 20.
Exhibit E: Applicant’s Response, w/atch, dated 21 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9, pertaining to Docket Number BC-2019-03259.