RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03301

XXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His promotion effective date to major be changed from XXXX to XXXX.

APPLICANT’S CONTENTIONS

He met a promotion board on XX XXX XX. His package was submitted to NGB on XX XXX XX for the 2nd Quarter Scroll. However, his name never made it on the scroll. He was then going to be placed on the X Quarter Scroll, but his name was never placed on this scroll either. He was finally approved on the X Quarter Scroll, Special Order Number XXXXXXX, dated XX XXX XX, with an effective date of XX XXX XX, however he should have been on the X Quarter Scroll Special, Order Number XXXXX, dated XX XXX XX, with an effective date of XX XXX XX.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard major (O-4).

On XX XXX XX, according to Special Order XXXXX, he was extended federal recognition and promoted to the grade of O-4, with a DOR of XXXX and a promotion effective date of XX XXX XX

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, with NGB/A1 concurrence, recommends granting the application.  The applicant met a state valid Federal Recognition Evaluation Board (FREB) on XXXX.  Due to administrative oversight, his package was not timely processed resulting with him being placed on a later scroll which delayed his effective date to XX XXX XX Had the valid state FREB been received in a timely manner, he would have been properly scrolled on the CY20 X Quarter Secretary of Defense (SecDef) appointment scroll, signed XXX, with a Secretary of the Air Force (SecAF) approved effective date of XXXX.

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 17 Dec 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/A1P 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 reflect his promotion effective date to major as XXXXX rather than XXXXX, with entitlement to back pay.

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-2021-03301 in Executive Session on 1 Feb 22:

, 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 17 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 1 Dec 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 Dec 22.

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.