RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00937

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

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

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

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard major (0-4).

On 5 May 2018, according to NGB Form 89, Proceedings of a Federal Recognition Examining Board, the FREB found the applicant to be qualified for promotion/appointment and recommended she be granted Federal Recognition.

On 2 August 2019, according to Special Order Number AP-145, dated 7 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.

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.  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 7 May 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 her 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 she 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. 

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-2020-00937 in Executive Session on 1 July 2020:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 March 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, w/atchs, dated 28 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 May 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.