RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04908

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Correct her date of rank (DOR) to captain (O-3) from 1 Apr 19 to 13 Jun 17.

APPLICANT’S CONTENTIONS

She performed an inter-service transfer with no break in service and was awarded service credit for prior commissioned service.  On 13 Jun 17, she completed two years time-in-grade as a first lieutenant (O-2).  According to Title 10, United States Code (U.S.C.), Section 14006, Determination of Years in Grade, "For the purpose of chapters 1403 through 1411 of this title, an officer’s years of service in a grade are computed from the officer’s date of rank in grade as determined under section 741(d) of this title.”  Title 10, U.S.C., Section 741, Rank: Commissioned Officers of the Armed Forces, paragraph (d)(1) states, "The date of rank of an officer of the Army, Navy, Air Force, or Marine Corps who holds a grade as the result of an original appointment and who at the time of such appointment was awarded service credit for prior commissioned service or constructive credit for advanced education or training, or special experience shall be determined so as to reflect such prior commissioned service or constructive service.  Determinations by the Secretary concerned under this paragraph shall be made under regulations prescribed by the Secretary of Defense which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps."

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard (ANG) captain.

On 13 Jun 15, she was promoted to O-2 in the Army National Guard.  On 15 Aug 18, she was separated from the Army National Guard.  

On 16 Aug 18, she was appointed as an O-2 in the ANG.  On 1 Apr 19, she was promoted to O-3, per Reserve order ROBA-191307, dated 17 Sep 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 denying the application.  The applicant contends an administrative oversite during the accession process resulted in the incorrect service dates being input into the Air Force Military Personnel System.  However, this did not cause her to miss the most immediate eligible board for promotion consideration by Air Force Reserve Command (AFRC), CY19A AFQOL, ARPCM 19-30 board (A0319A).  The applicant’s service transfer from the Army National Guard occurred without a break in participating status, entitling prior service DOR considerations.  Corrective action was made to her service dates without delay and she met the immediate mandatory promotion selection board as authorized by AFRC, resulting in her meeting A0319A board consideration.  As per Title 10 U.S.C., Section 14308, Promotions: How Made, paragraphs 2 and 2d, Secretary of Service branch accommodations for DOR change is not applicable because there is no evidence the applicant was already on a fully qualified list to promote upon leaving the previous service component.  Furthermore, 10 U.S.C., section 741, does not apply as evidence did not support consideration to the higher grade had been delayed.  

The complete advisory opinion, with attachments, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 24 Jul 20 for comment (Exhibit D), and the applicant replied on 18 Aug 18.  In her response, the applicant reiterates her DOR should be adjusted to 13 Jun 17 in accordance with Title 10, U.S.C. Section 741.  She contends the Secretary of the Air Force can grant credit for her time in grade during her service with the Army National Guard.  She further states the Air Force and Air National Guard Instructions often favor the member in instances where promotions are delayed and then come to fruition.  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 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.  The applicant was given mandatory promotion consideration when immediately eligible upon accession into the Air National Guard.  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-2019-04908 in Executive Session on 2 Sep 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 15 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 24 Jul 20.
Exhibit E:	Applicant’s response, 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.