RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02242

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her promotion effective date to lieutenant colonel (O-5) be changed from 1 May 21 to 9 Nov 20, and she receive back pay.

APPLICANT’S CONTENTIONS

On Aug 18 she was assigned to a lieutenant colonel position.  On 9 Nov 20, she met the Federal Recognition Examining Board (FREB) and was recommended for promotion to lieutenant colonel.  According to Title 10 United States Code, Section 14308 (10 U.S.C. § 14308), the effective date of promotion for an officer in the Air National Guard is the date Federal recognition in that grade is extended. Through no fault of her own, the Secretary of the Air Force determined there was a delay in extending Federal recognition and approved a 1 May 21 effective date of rank. However, since she has been performing lieutenant colonel duties without financial compensation since Aug 18, she seeks to have her effective date to lieutenant colonel back dated to 9 Nov 20, rather than 1 May 21.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an ANG lieutenant colonel.

On 15 Jun 21, according to Special Order XXXX, provided by the applicant, she was extended federal recognition and promoted to the grade of O-5, with a DOR of 9 Nov 20 and a promotion effective date of 1 May 21. 

For more information, see the advisory at Exhibit B.

AIR FORCE EVALUATION

NGB/A1PO recommends denying the application.  The applicant met the FREB on 9 Nov 20, and was appropriately placed on the CY20 4th Quarter Appointment scroll. The Secretary of Defense did not approve the scroll until 7 Jun 21.  Due to the size of scroll and miscellaneous delays the Secretary of the Air Force approved an earlier 1 May 21 effective date for this scroll.  This action applied to everyone on the scroll which numbered 246 officers.  The DOR for promotion under a promotion vacancy in the Air National Guard is always the date the member met the FREB and the effective date is the date the Secretary of Defense approves the scroll, or as in this case determined by the Secretary of the Air Force in accordance with 10 U.S.C. § 14308 (f) (2).

The applicant contends she is deserving of an earlier effective date which lines up with the FREB due to being in a commensurate position and working in the position of a higher grade.  Being in a commensurate position does not warrant promotion to the higher grade.  ANGI 36-2504, Federal Recognition of Promotion in the Air National Guard (ANG) and as a Reserve of the Air Force Below the Grade of General Officer, chapter 3 paragraph 3.3 outlines all the requirements for a promotion vacancy submission. Chapter 3, paragraph 3.3.1 specifically states “Nominees must be recommended for a position vacancy promotion by his/her immediate commander.  The commander will justify the recommendation for promotion in paragraph 3 of the commander’s promotion recommendation letter.” The applicant’s commander did not recommend her for promotion until 24 Sep 20.  She then met the FREB on 9 Nov 20.  There is no evidence the applicant is deserving of an effective date of promotion earlier than what the Secretary of the Air Force determined.

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Aug 21 for comment    (Exhibit C), 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 not the victim of an error or injustice.  The applicant states the effective date of promotion for an officer in the ANG is the date Federal recognition in that grade is extended. However, as noted above, the effective date is the date the Secretary of Defense approves the scroll, which in the applicant’s cases was 7 Jun 21.  Nevertheless, due to the size of the scroll and miscellaneous delays, the Secretary of the Air Force approved an earlier effective date of 1 May 21.  The applicant also believes she is deserving of an earlier effective date because she had been working in a lieutenant colonel position; however, evidence indicates her commander did not recommended her promotion until 24 Sep 20, prior to meeting the FREB on 9 Nov 20. Therefore, 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-2021-02242 in Executive Session on 23 Sep 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 15 Jun 21.
Exhibit B:	Advisory Opinion, NGB/A1PO, w/atchs, dated 30 Jul 21.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 10 Aug 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.