RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00862

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her date of rank (DOR) and promotion effective date to major (O-4) be corrected. 

APPLICANT’S CONTENTIONS

On 7 Jan 18, she met the Federal Recognition Examining Board (FREB) and was recommended for promotion to major via NGB Form 89-1, Proceedings of a Federal Recognition Examining Board.  Due to an administrative oversight, the promotion package was not timely forwarded to NGB/A1PO for further approval.  This resulted in the NGB 89-1 being returned as expired and another board was accomplished.  She was directed to submit an application to the Board after receiving her official notification of promotion.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an ANG major.

According to the documentation provided by the applicant and analysis of the facts the following information is provided:  

On 7 Jan 18, according to NGB 89-1, the FREB determined the applicant was qualified for promotion to major and recommended she be granted federal recognition. 

On 15 Nov 18, according to Special Order XXXX, the applicant was extended federal recognition and promoted to the rank of major, with a 31 Mar 18 DOR and a promotion effective date of 8 Nov 18. 

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 the applicant met the FREB on 7 Jan 18; however, due to an administrative oversight the National Guard Bureau never received her package.  In accordance with ANGI 36-2504, Federal Recognition Examining Board, chapter 1, paragraph 1.2.5, FREB recommendations are good for 60 days and the oversight was not identified until after the expiration of the 60-day period.  Had the initial 7 Jan 18 FREB been submitted in a timely manner the applicant would have been properly scrolled in Feb 18 and given a promotion effective date of 18 Jul 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 21 Jul 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 APPLICANT be corrected to show her date of rank to the grade of major (O-4) reflect 7 Jan 18, a promotion effective date of 18 July 2018, and 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-2021-00862 in Executive Session on 23 Sep 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 11 Dec 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, w/atchs, dated 13 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Jul 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.