RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04747

XXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His date of rank (DOR) and effective date for promotion to the grade of captain (O-3) be changed to 5 Sep 16.   

APPLICANT’S CONTENTIONS

He transferred to the Air National Guard (ANG) on 1 Apr 16.  His mandatory promotion to captain (two years from his promotion to first lieutenant [O-2]) was 15 Sep 16; however, he was promoted to the captain on 1 Oct 17.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a captain in the ANG.   

On 31 Mar 16, according to NGB 22, National Guard Report of Separation and Record of Service, the applicant  was discharged from the Army National Guard (ARNG) in the grade of first lieutenant with a DOR of 15 Sep 14.

On 31 Mar 16, according to Special Order 092-837 dated 1 Apr 16, the applicant was discharged from the ARNG.

On 1 Apr 16, per Special Order AB-143 MS, dated 1 Apr 16, the applicant was appointed in the ANG and granted Temporary Federal Recognition effective 1 Apr 16.  Continuation of the appointment was contingent upon extension of Federal Recognition by the Chief, NGB.  

On 1 Oct 17, according to Special Order AA-16 dated 29 May 18, the applicant was granted Federal Recognition. 

On 1 Oct 17, per Special Order Number AP-342 dated 17 Oct 17, the applicant was promoted to the grade of O-3 with effective date of promotion of 1 Oct 17.  

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 denial because they cannot determine if there was a break in service after the applicant’s separation from the previous component.  If the applicant believes he should have been granted a DOR earlier than 1 Oct 17, he must submit an NGB 337, National Guard Oath of Office; AF Form 133, Oath of Office (Military Personnel), and a Temporary Approval Memorandum.  

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 18 Aug 20 for comment (Exhibit D), 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PO and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04747 in Executive Session on 20 Aug 20:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 24 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 11 Jun 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 Aug 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.