RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00575

XXX XXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive credit for active guard reserve (AGR) service from 25 Sep 17 to 17 Feb 18.

His Date of Rank (DOR) to technical sergeant reflect eligibility of 1 Jun 17. 

APPLICANT’S CONTENTIONS

His Air Reserve Technician (ART) position was set to convert to AGR.  He was erroneously hired into the incorrect position number in a military and civilian billet.  Because he was an over hire, he was ineligible for the AGR conversion as he was not the primary incumbent.  He would like credit for AGR service during the period he was eligible from 25 Sep 17 to 17 Feb 18.

He was never populated on the promotion roster as a staff sergeant (E-5) in a master sergeant (E-7) billet.  The commander provided no documentation for non-selection for promotion.  He was never registered on the promotion roster.  These actions were not completed as reprisal for filing a complaint with the Office the Inspector General (IG).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a master sergeant in the Air Force Reserve.

Effective 28 May 17, the applicant’s Air Force Specialty Code was updated to 3D172, position number 07828810M.

On 28 Nov 17, he applicant was promoted to technical sergeant (E-6) with an effective date of rank of 1 Dec 17.

On 22 Aug 19, the applicant filed a complaint with the IG contending that he had two outstanding Enlisted Performance Reports (EPR) and citing concerns with his ART to AGR conversion package.

On 5 Nov 19, the commander noted substantiated findings reflected the applicant was due two EPRs (1 Feb 15 – 31 Jan 17) and (1 Feb 17 – 30 Nov 18) and would be notified once the 2017 EPR was ready for signature and submitted to the Total Force Service Center.  The 2018 EPR is pending until the 2017 EPR is complete.

The commander also noted concerns with the ART to AGR conversion package.  Investigation revealed the applicant could not be converted from ART to AGR because he was not the primary in the position.  The primary was on leave without pay from the position for two years prior to the applicant’s hiring and therefore, retained return rights for five years.  The unit’s offer to convert the position was sent in error.  The commander also noted the conversion package appeared to have a picture of the commander’s signature block rather than a digital signature.  Ultimately, the commander noted the applicant was an over hire and not the primary incumbent in the position.  The right to convert the position to ART belonged to the primary, not the over hire.  

On 13 Nov 19, the applicant was informed that while he received a notification soliciting his desire to convert to AGR, that notice did not constitute the Reserve’s obligation to convert the position to AGR. 

On 14 Nov 19, the applicant was reassigned.

On 1 Jul 20, the applicant was promoted to master sergeant.

APPLICABLE AUTHORITY

AFR 36-2502, Enlisted Airman Promotion – Demotion Programs.  Airman above the grade of staff sergeant in an overage/over grade code for their position are precluded from promotion.  An airman assigned as an overage to a position projected for vacancy (due to retirement, separation, or reassignment of the incumbent) becomes eligible for promotion in the promotion cycle after the incumbent physically retires, separates or is reassigned and member drops off files, provided all other promotion eligibility criteria is met.  Do not change an incumbent position number or move current incumbent as an overage in another or current position for the purpose of promoting the newly assigned airman.  

AFI 36-2132, Vol 2, Active/Guard/Reserve Program.  AGRs must be assigned to a validated Unit Manning Document (UMD) position compatible with their military grade and Air Force Specialty Code.  AGR overages are not allowed and overages are not permitted.

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.  Investigation revealed the applicant was erroneously offered the option to convert a position from ART to AGR as he was not the primary incumbent.  Airmen in the grade of staff sergeant in overage positions are precluded from promotion.  Accordingly, the applicant could not be promoted while serving as an overage in the position.  The applicant contends he was the victim of reprisal.  Based on the authority granted to this Board pursuant to Title 10 United States Code, Section 1034 (10 U.S.C. § 1034), the Board reviewed the complete evidence of record to reach its own independent determination of whether reprisal occurred.  Based on its review, the Board does not conclude the applicant has been the victim of reprisal.  The applicant could not be promoted while he was in the overage; and was promoted 1 Dec 17.  Additionally, there has been no evidence submitted showing the applicant is entitled to receive credit for 25 Sep 17 to 17 Feb 18.  The Board does not find that the applicant has been the victim of reprisal pursuant to 10 U.S.C. § 1034.  Accordingly, the Board recommends against correcting the applicant’s records.  

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-00575 in Executive Session on 19 Nov 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 3 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.