RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02299

XXXXXXXXXXXXX	COUNSEL: NONE	 

  		HEARING REQUESTED: NO	 

APPLICANT’S REQUEST

His effective date for promotion to the grade of lieutenant colonel (O-5) be backdated to 29 Jan 20.  

APPLICANT’S CONTENTIONS

He met the lieutenant colonel board on 3 Oct 19 and was recommended for promotion per the NGB 89-11, Proceedings of a Federal Recognition Examining Board.  The promotion package was transmitted to NGB on 23 Oct 19; however, the supporting documents were not attached with the e-mail.  NGB/A1PO failed to notify the State ANG until 24 Feb 20 that the documents were not attached.  NGB/A1PO recommended he file a BCMR application as he should have been on the Oct 19 scroll.  NGB/A1PO also advised he could not submit the BCMR application until his promotion was official, which occurred on 6 Jul 20. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a lieutenant colonel (O-5) in the ANG.

Per NGB 89-11, Proceedings of a Federal Recognition Examining Board, a promotion vacancy (PV) board convened on 3 Oct 19.  The PV board found the applicant qualified for promotion to lieutenant colonel and recommended he be granted federal recognition.  On 23 Oct 19, the State ANG emailed the applicant’s PV promotion package to NGB/A1.    

Special Order Number XXXX dated 9 Jul 20, reflects the applicant was extended federal recognition and promoted to the grade of lieutenant colonel with DOR of 3 Oct 19 and effective date for promotion 6 Jul 20.    

He provides emails from NGB/A1 and his force support squadron (FSS) dated 24 Feb 20 and 26 Feb 20, respectively; stating NGB did not timely process his promotion package.  It stated upon the approval of the scroll by the Secretary of Defense (SecDef), he can request the BCMR correct his DOR.  

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 approval.  The initial board held was a valid state federal recognition board dated 3 Oct 19.  If received in a timely manner, the applicant would have been properly scrolled on the Oct 19 PV SecDef appointment scroll, which was approved on 29 Jan 20.  

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 7 Oct 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 the applicant’s promotion effective date for promotion to the grade of lieutenant colonel (O-5), with DOR of 3 Oct 19, be 29 Jan 20; instead of 6 Jul 20.  

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-2021-02299 in Executive Session on 23 Nov 21:

 , Panel Chair
 , Panel Member
 , Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Oct 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 7 Oct 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Oct 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.