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RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00226

XXXXXXXX	COUNSEL: NONE

		HEARING REQUESTED: YES	

APPLICANT’S REQUEST

Her date of rank (DOR) for promotion to major (O-4) be corrected to reflect 22 October 2016 versus 23 October 2017.

APPLICANT’S CONTENTIONS

A SAF/IG investigation substantiated that the 153rd Airlift Wing Commander held her position vacancy promotion to major without appropriate justification delaying her promotion.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

NGB/A1PO provided the following information:  On 16 October 2017, according to NGB Form 89, Proceedings of a Federal Recognition Examining Board (FREB), the FREB found the applicant to be qualified for promotion/appointment and recommended she be granted Federal Recognition.

According to Special Order Number AP-106, dated 29 May 2018, the applicant was promoted to the grade of O-4, with a DOR of 23 October 2017, effective 21 May 2018.

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 met state a FREB on 23 October 2017 with a SecDef approval scroll on 21 May 2018.  However, due to the immediate commander unjustly directing individual to take an out-of-cycle fitness assessment, considerations by immediate commander for further state consideration was withheld.  A SAF/IG complaint was lodged and the applicant’s complaint was substantiated citing the commander’s violation of established requirements of the Air Force Physical Fitness Program.  If the applicant had not been improperly withheld from consideration the individual would have met an earlier consideration and approved, where by The Adjutant General (TAG) would have endorsed consideration on a FREB held earlier on 12 December 2016.  If so, this officer would have been placed on the January 2017 appointment scroll, which was approved by the Secretary of Defense with an effective date of 2 May 2017.

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 June 2021 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 she was promoted to the grade of major (O-4) with a DOR of 12 December 2016 rather than 23 October 2017 and a PED of 2 May 2017 rather than 21 May 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-2021-00226 in Executive Session on 28 July 2021:

Panel Chair
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 May 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, w/atchs, dated 14 May 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 June 2021.

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.