RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02727

XXXX X. XXXX	COUNSEL: NONE
	
 		HEARING REQUESTED: YES

APPLICANT’S REQUEST

His date of rank (DOR) to Lieutenant (Lt) Colonel (O-5) be corrected to reflect 1 Oct 19 vice 11 Oct 19.

APPLICANT’S CONTENTIONS

He was promotion eligible 1 Oct 19 when he was transferred to an O-5 billet, and it was his Wing Commander’s intent that he be promoted effective 1 Oct 19.  Due to administrative oversight by staff, his promotion package was not submitted until 4 Oct 19 and not effective until 11 Oct 19.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve Lt Colonel (O-5).

On 11 Sep 19, according to email documents provided by the applicant, AF Form 3132, General Purpose, he was moved to an O-5 billet.

On 1 Oct 19, the applicant’s Report on Individual Personnel (RIP) reflects his Duty title was updated to Staff Judge Advocate.

On 11 Oct 19, according to the applicants personnel record, reflects his effective date of promotion to the grade of O-5.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

ARPC/PB recommends denying the application.  Based on the evidence provided, and without the dated AF Form 3132 or AF Form 2096, Classification/On-The-Job Training Action, they cannot verify that a position move was made prior to 1 Oct 19.  Additionally with that, there is no evidence in the attached e-mail traffic that states that an accelerated promotion package was requested with a promotion date of 1 Oct 19.  The e-mail in Attachment 3 of the DD Form 149 communicates the process of moving the applicant to a valid position with a potential of enabling him to do an accelerated promotion, but no date given.  The email traffic in Attachment 4 of the DD 149 is in regards to the accelerated promotion but nothing indicating a DOR of 1 Oct 19.  The applicant’s current DOR is in accordance with the published acceleration promotion policy for the CY19 board.

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 8 Sep 21 for comment        (Exhibit D), and the applicant replied on 18 Sep 21.  In his response, the applicant provided AF Form 3132, dated 4 Sep 21, that requested his move to the O-5 position and email traffic dated 11 Sep 19 confirming when the update was processed.  He also provides copy of the 4 Sep 21 e-mail requesting the move with the AF Form 3132 embedded as an attachment.  He states, these documents conclusively prove that he was transferred to the O-5 billet, effective 11 Sep 21.  The Wing Commander’s sworn declaration states that he directed his staff in early Sep 19 to place him in the O-5 billet and directed his staff to submit an accelerated promotion package with an effective promotion date of 1 Oct 19.  Additionally, he was told on 11 Sep 19 that everything was being processed.  He trusted the process, but the process didn’t work as it was supposed to.  The injustice is that he was not timely promoted as intended by his commander solely due to administrative oversight.  He respectfully requests his records be changed to reflect an effective promotion date of 1 Oct 19.

The applicant’s complete response is at Exhibit E.

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.  While the Board notes the recommendation of ARPC/PB against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  Specifically, the Wing Commander’s declaration statement confirms if not for the delay in processing the accelerated promotion package by his staff, it was his intent the applicant be promoted 1 Oct 19.  Based on the foregoing, the Board recommends correcting the applicant’s records as indicated below.
4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the grade of lieutenant colonel, Air Force Reserve, with a Date of Rank of 1 Oct 19.

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-2021-02727 in Executive Session on 30 Nov 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 18 Jul 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/PB, w/atchs, dated 30 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 8 Sep 21.
Exhibit E:	Applicant’s Response, w/atchs, dated 18 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.