RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00598

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His date of rank (DOR) for lieutenant colonel (O-5) be changed from 27 Aug 20 to 20 Dec 19 and his promotion effective date be changed from 27 Aug 20 to 13 Mar 20.

APPLICANT’S CONTENTIONS

On 20 Dec 19, National Guard Bureau (NGB) notified the states that the deadline for states to execute promotion vacancy (PV) board had been changed from 12 Dec 19 to 31 Dec 19. On 20 Dec 19, the 163d Attack Wing within the California Air National Guard (CA ANG) held two promotion vacancy boards and selected the applicant for promotion to lieutenant colonel (O-5).  Because NGB changed the date to allow for promotion vacancy boards until the end of the 2019 calendar year, the CA Military Personnel Management Office (MPMO) assumed that NGB had also adjusted the package acceptance date.  As such, the applicant’s promotion package was processed by the wing, headquarters, TAG, and submitted to NGB on 7 Jan 20, which is a reasonable timeline to process a promotion package, especially during the holiday season.  While NGB confirmed receipt of the package nearly three weeks later, NGB determined that the package could not be accepted for the Dec 2019 scroll, because it was submitted after the 31 Dec 19 deadline.  The delay in the processing was no fault of the applicant’s and since he was selected for promotion by an FREB on 20 Dec 19, he should be given a DOR that aligns with the Dec  2019 scroll. 

In support of his application, the applicant provides a letter from the CA Military Personnel Management Officer who explains the events in detail and indicates that in the past these types of packages have been accepted or added to a supplemental scroll.  She also states that the onus for this administrative error is completely on the two organization and in no way at any fault of the applicant. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-5).

According to Special Order Number AP-139, the applicant was extended Federal recognition and promoted to the rank of lieutenant colonel (O-5) with a date of rank (DOR) and effective date of 20 Aug 20.  

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.  CA ANG held a state Federal Recognition Eligibility Board (FREB) on 20 Dec 19; however, the nomination package arrived at NGB after the 31 Dec 19 closeout date.  As such, the applicant was not included in the appointment list for the month of December and he was required to meet the Mandatory Promotion Board on 15 Apr 20 and subsequently promoted on 27 Aug 20.  CY 19 Air National Guard of the United States (ANGUS) Line and Nonline Major and Lieutenant Colonel Promotion Selection Boards Convening Notice (ARPCM # 18-29) established that, “all ROPMA eligibles who have a State Position Vacancy (PV) Nomination must be submitted to NGB/A1PO, by the State Headquarters MPMO, NLT Day -130, in accordance with NGB guidelines. Once approved by NGB, NGB/A1PO will send the final PV list to HQARPC/PBE NLT Day -100.”  Correspondence identifies that due to an administrative oversight the state was unable to submit the nomination package before the 31 Dec 19 due date.  As such, the delay in the processing and submission of the nomination package was not to the fault of the applicant but a policy and administrative requirement. Therefore, NGB/A1PO recommends approving the applicant’s request. 

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 on18 May 21 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 his date of rank to the grade of lieutenant colonel (O-5) reflect 20 December 2019, with an effective date of rank of 13 March 2020. 

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-2021-00598 in Executive Session on 20 Jul 21:

, 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 9 Mar 21. 
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 4 May 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 May 21.

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.