RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02003

XXXXXXXXXXXXXX	COUNSEL: NONE
	 
  	HEARING REQUESTED: NO	 

APPLICANT’S REQUEST

His date of rank (DOR) for promotion to the grade of major (O-4) be 2 Mar 20, instead of 29 Jul 20.  

APPLICANT’S CONTENTIONS

He submitted all required paperwork on time and was fully qualified for promotion to the grade of major on 2 Mar 20.  Due to an administrative oversight, he was not promoted in a timely manner.  As a result of the administrative error, he has missed out on a significant amount of pay and his eligibility for future promotion will be postponed.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a major (O-4) in the Air National Guard (ANG).

The NGB Special Order Number AP-34 dated 5 Mar 21, reflects the applicant was extended Federal Recognition and promoted to the grade of major with DOR 29 Jul 20 and effective date for promotion of 2 Mar 21.  

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 denial.  The documentation provided is not sufficient to support the applicant’s claim.  NGB/A1PO is unable to recommend approval without NGB 89-1, Proceedings of a Federal Recognition Examining Board, for original proceedings and board members.  There was no correspondence from the State or NGB acknowledging the package was not received or processed in a timely manner.  
 
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 29 Sep 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant did not exhaust all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not 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 does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-02003 in Executive Session on 28 Oct 21 and 30 Oct 21:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1PO, dated 28 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Sep 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.