RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03828

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive constructive service credit and his promotion date to captain (O-3) in the Air National Guard (ANG) be adjusted to 9 Sep 18.

APPLICANT’S CONTENTIONS

The applicant was assessed as a Chaplain, first lieutenant (O-2) in the ANG on 9 Sep 17.  Per attached AFMAN 36-2032, Military Recruiting and Accessions, Table 5.4, Rule 7, he should have received three years of constructive service credit for his Master of Divinity degree.  Thus, he should have promoted to captain (O-3) in the ANG one year later on 9 Sep 18.  He has since promoted on active duty to captain (O-3) as of 11 Dec 19.  

The error was recognized in Sep 18 while he was serving in the ANG.  He contacted his local promotions section where his request was routed to the National Guard Bureau, but was not corrected before being assessed to active duty 1 May 19.  Once on active duty he contacted his local Force Support Squadron where a Case Management System (CMS) case was initiated.  The correction was unable to be made, and he was referred back to the ANG.  The ANG referred him to the Board for the Correction of Military Records (BCMR) in order to make the correction.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain (O-3) in the Regular Air Force Chaplain Corps.

On 9 Sep 17, according to Special Order XX-XX-XX, the applicant was appointed to the ANG in the primary Air Force Specialty Code (AFSC) 52R3, Chaplain, in the grade of second lieutenant (O-1).

On 9 Sep 17, as noted on NGB Form 337, Oaths of Office, the applicant was appointed as a National Guard officer in the grade of first lieutenant (O-2).

On 7 Sep 18, according to Special Order Number XX-XX, the applicants date of Federal recognition is 9 Sep 17 in the grade of first lieutenant (O-2). 

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 applicant was gained incorrectly in the grade of second lieutenant (O-1) as verified on the state appointment order, XX-XX-XX dated 9 Sep 17, and the Single Unit Retrieval Format (SURF) printout (provided by the applicant) which reflects a missing entry for the total year service date (TYSD).  By law, officers must complete a full year in the Reserve Active Status List or Active Status list before meeting a promotion board.  The applicant joined on 9 Sep 17 (as an officer) and completed the full year in Sep 18.  He was eligible to meet the XXXX board.  The date of rank for officers meeting the promotion process is the date the officer completes 2 years’ time in grade, the date the scroll was signed or 1 Apr 19, whichever is later.  The applicant met the XXXXX board, however to the rank of first lieutenant (O-2), since he was gained incorrectly.  His actual date of rank to captain (O-3) should be 9 Sep 18 and the effective (pay) date for captain (O-3) should be 1 Apr 19.

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 23 Feb 22 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.

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 pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show his date of rank to captain (O-3) be corrected to reflect 9 Sep 18 and his promotion effective date to 1 Apr 19 with entitlement to back pay.

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-2021-03828 in Executive Session on 17 May 22:

, 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 13 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, w/atchs, dated 11 Feb 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Feb 22.

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.