RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02187

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her date of rank (DOR) to major be corrected to reflect 1 Feb 21.

APPLICANT’S CONTENTIONS

The promotion of 12 members who transferred from the Air Force to the United States Space Force (USSF) was delayed while awaiting Senate confirmation.  The members were instructed to transfer prior to their promotion effective dates and were informed their promotion would transfer and be integrated into the USSF promotion list.  However, the USSF did not have a promotion list to be integrated into.  In Sep 20, the Air Force Personnel Center (AFPC) notified the USSF the need to establish both a major and colonel promotion list.  The USSF worked with AFPC to create the promotion list which was signed by the Secretary of the Air Force (SecAF) on 15 Dec 20.  On 4 Feb 21, the Secretary of Defense (SecDef) approved the nomination.  On 25 Mar 21, the nomination was confirmed by the Senate.  

In accordance with 10 United States Code, Section 741(d), except as otherwise provided by law, the applicant’s date of rank is the date the Senate confirmed the nomination which is 25 Mar 21.  The same statute notes the SecAF may adjust the date of rank of an officer appointed under Section 624(a) of this title to a higher grade, that is not a general officer or flag officer, if the appointment of that officer to that grade is delayed from the date on which (as determined by the Secretary) caused an unintended delay (i) in the processing or approval of the report of the selection board recommending the appointment of that officer to that grade; or, (ii) the processing or approval of the promotion list established the basis of that report.  There is no administrative remedy; however, the SecAF may remove the injustice of the delayed promotion of these members.

The group submission for the applicant is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving major (O-4) in the USSF.

On 31 Aug 20, she resigned from the Air Force for an Interdepartmental transfer.

For more information, see the group submission at Exhibit A and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2SP recommends granting the application.  The applicant was selected for promotion to the grade of major by the Calendar Year (CY) 2019 Major Line of the Air Force Central Selection Board which convened on 2 Dec 19 and was confirmed by the Senate on 21 May 20.  The applicant would have promoted to the grade of major on 1 Feb 21 based off her line number.  However, on 1 Sep 20, she transferred to the USSF and needed to be place on the USSF promotion scroll.  Due to a delay in processing of the USSF promotion scroll, her DOR was adjusted to 25 Mar 21, the date of the Senate confirmation.  The applicant’s DOR should be adjusted to 1 Feb 21 as the delay was of no fault of her own. 

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 6 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 AFPC/DP2SP 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 she was promoted to the grade of major (O-4) with date of rank of 1 Feb 21, rather than 25 Mar 21 and a promotion effective date of 1 Feb 21, rather than 25 Mar 21.

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-2021-02187 in Executive Session on 10 Aug 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Group Submission.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SP, dated 1 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 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.