RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00495

XXXXXXXXXX	COUNSEL:   NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His Date of Rank (DOR) and Promotion Effective Date (PED) be changed to 5 May 2018, the date his promotion was approved by the Federal Recognition Examining Board (FREB).   

APPLICANT’S CONTENTIONS

He met the FREB on 5 May 2018; however, due to an administrative oversight his package was not received and processed by the National Guard Bureau until April 2019.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is currently serving in the Air National Guard  in the grade of major (O-4).  

According to the documentation provided by the applicant and analysis of the facts, the following information is provided:

a.  On 5 May 2018, the FREB found the applicant to be qualified for promotion and recommended he be granted Federal Recognition (Secretary of Defense) approval.

b.  On 2 February 2019, due to an administrative oversight, the applicant met another FREB and again was found to be qualified for promotion and recommended for Federal Recognition (Secretary of Defense ) approval.  

c.  On 2 August 2019, the applicant was promoted to the grade of O-4 with a DOR of 2 February 2019 and a PED of 2 August 2019, as evidenced by Special Order AP-145, dated 7 August 2019.

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 granting the application, indicating the initial board held was a valid FREB dated 5 May 2018 and if received in a timely manner the applicant would have been properly scrolled during the June 2018 Position Vacancy, which was approved by the Secretary of Defense on 8 November 2018.  

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 30 April 2020, 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 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 substantiates the applicant’s contentions in part.  While the applicant requests his PED and DOR both be changed to 5 May 2018, the Board notes the PED is determined by the date the Secretary of Defense approves the scroll list, which did not occur until 8 November 2018.  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 APPLICANT be corrected to show he was promoted to the grade of major (O-4) with a DOR of 5 May 2018 rather than 2 February 2019 and a PED of 8 November 2018 rather than 2 August 2019. 

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will 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-2020-00495 in Executive Session on 25 June 2020:

, 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 14 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 13 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 30 April 2020.

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.