RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00578

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His date of rank (DOR) for promotion to major (O-4) be corrected to reflect 5 May 18 versus 2 Feb 19.

APPLICANT’S CONTENTIONS

On 5 May 18, a Position Vacancy (PV) Promotion Board found the applicant qualified for promotion and recommended federal recognition.  However, due to an administrative error he was not promoted until 2 Aug 19 with a DOR of 3 Feb 19.   

In support of his appeal, the applicant provides form NGB 89-1, Proceedings of a Federal Recognition Examining Board (FREB), reflecting a board date of 5 May 18 and a signed letter from his commander and the president of the FREB who both support the applicant’s request and indicate that an administrative error caused the promotion delay.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard major (O-4). 

On 5 May 18, NGB 89-1, Proceedings of a Federal Recognition Examining Board (FREB), provided by NGB/A1PO, shows that the applicant was qualified for promotion to major (O-4) and the FREB recommended he be granted federal recognition. 

On 8 Nov 18, a memorandum from the Secretary of Defense (SecDef), provided by NGB/A1PO, approved the applicant’s appointment for major (O-4).

On 7 Aug 19, Special Order Number AP-145, shows that the applicant was extended Federal recognition and promoted with a DOR of 2 Feb 19 and an effective date of 2 Aug 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 granting the application.  Correspondence identifies that the applicant had met the FREB on 5 May 18, but due to an administrative oversight the package was not received by NGB/A1PO within 60 days of the Board as required by ANGI 36-2504, Chapter 1, paragraph 1.2.5.  As a result, the applicant’s package was re-boarded on 2 Feb 19 with a subsequent appointment scroll date of 2 Feb 19.  Had the initial package boarded by the FREB on 5 May 19 been received in a timely manner, the applicant would have been properly scrolled and given a promotion effective date of 8 Nov 18 with a DOR of 5 May 18.   

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 11 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 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.  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 he was promoted to the grade of major (O-4) with a date of rank of 5 May 2018, rather than 2 February 2019, with an effective date of 8 November 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-2020-00578 in Executive Session on 06 Oct 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 7 Dec 09.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 13 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 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.