RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04467

XXXXXXXXXXXX 	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His promotion to lieutenant colonel (O-5) be corrected to reflect the Date of Rank (DOR) and effective DOR as 3 Oct 17.

APPLICANT’S CONTENTIONS

On 3 Oct 17, he met and was selected by the Air National Guard (ANG) Position Vacancy (PV) Promotion Board and was selected for promotion to O-5.  However, the Board was determined to be invalid due to an enlisted member being assigned as a recorder.  

In addition, another applicant from his Wing recently initiated the appeal regarding his case and there appears to be a receptiveness in the process [sic].  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 3 Oct 17, NGB 89-1, Proceedings of a Federal Recognition Examining Board (FREB), which convened on 14 Oct 17, shows that the applicant was qualified for promotion to lieutenant colonel (O-5) and the FREB recommended he be granted federal recognition; however, the package was invalidated, because an E-6 was the recorder on the Board.   

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. 

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.

In a letter, dated 20 Apr 20 addressed to the AFBCMR, 11AF/A5 acknowledged an error in the FREB conducted on 14 Oct 17 resulting in a 4 month delay in establishing the effective date of promotion concerning the applicant.  11AF/A5 recommend the applicant’s date of rank be corrected (Exhibit D).

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 applicant met an FREB board in 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 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 18 Jul 18. 

The complete advisory opinion 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 26 May 20 for comment (Exhibit E), but has received no response.

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 Date of Rank (DOR) of 19 Apr 18.  In this regard, the Board notes 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 was changed to 14 October 2017, with an effective date 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-2019-04467 in Executive Session on 3 Jun 20:

, 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 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:	Letter, 11AF/A5, dated 20 Apr 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 26 May 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.