RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-00729

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

Correct his official military record to reflect his promotion to the rank of senior master sergeant (E-8), effective 8 May 15, with a date of rank (DOR) of 8 May 15.

APPLICANT’S CONTENTIONS

He discovered when he went into the Air Force Records Information Management System that he had a promotion to senior master sergeant, dated effective 8 May 15, with a DOR of 8 May 15, Special Order number XXXX, Promotion Type:  STEP II while he was assigned to the [State] Air National Guard (ANG).  He never received his orders or had this promotion updated in the Defense Enrollment Eligibility Reporting System.  He contacted the Air Force Personnel Center, and they also have a copy of the order and do not understand why he never received a copy or why it was not updated.  No one from his wing or Military Personnel Flight informed him of the promotion, and he only discovered it when he was downloading his orders for promotion to technical sergeant (E-6) and master sergeant (E-7).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired ANG  master sergeant, receiving retired pay.

On 9 Mar 15, the applicant signed a Stripes for Exceptional Performers (STEP II) Promotion Agreement, acknowledging he must remain a member of the ANG for three years subsequent to the date of promotion.  He also acknowledged a waiver or exception to policy is not authorized.

On 8 May 15, according to Special Order XXXX, the applicant was promoted to the rank of senior master sergeant, effective 8 May 15, with a DOR of 8 May 15.  Promotion Type:  STEP II, Authority:  AFI 36-2502, paragraph 10.10.

On 31 Dec 15, the applicant was furnished an honorable discharge, in the rank of master sergeant, with Authority and Reason:  AFI 36-3209, paragraph 3.12.6., Transfer to the USAF Reserve Retired List (ANG Only). He was credited with 30 years, 6 months, and 7 days, total service for pay; and 23 years, 8 months, and 12 days total service for retired pay.

On 12 Aug 19, according to Reserve Order XXXX, dated 9 Oct 19, the applicant was placed on the USAF Retired List, Retired Reserve Section ZB, and authorized retired pay per Title 10, United States Code, Section 12731, in the rank of master sergeant.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, E, and G.

APPLICABLE AUTHORITY

Air Force Instruction (AFI) 36-2502, Enlisted Airman Promotion/Demotion Programs, paragraph 10.10. , the ANG Stripes for Exceptional Performers Promotion Program [STEP II] program was developed to provide promotion opportunity to the ranks of senior master sergeant and chief master sergeant (E-9)  for truly exceptional traditional guard enlisted leaders where vacant Unit Manning Document authorizations do not exist (All of the non-waiverable criteria must be met).  This program is based on calendar year and each STEP II promotion must be executed in the current calendar year.  This program does not apply to member serving on full-time Statutory Tour. Per paragraph 10.10.13., a nominee must have three years retainability prior to reaching age 60 and must agree to remain in the ANG for three years subsequent to the promotion.

ANGI 36-2101, Assignments Within the ANG, paragraph 5.1.2. states, service commitment waivers should be approved only when it is in the best interest of the ANG or for hardship not common to other ANG members.  The Adjutant General (TAG) is the waiver authority for service commitment.  This authority may not be delegated below TAG.

AIR FORCE EVALUATION

NGB/A1PP recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  The promotion order was published in accordance with AFI 36-2502, but according to the promotion history in the Military Personnel Data System (MilPDS), the promotion was never updated in the applicant’s record.    The applicant signed a STEP II promotion agreement on 9 Mar 15, while assigned to the [State] ANG.  The promotion order to the rank of senior master sergeant was published with an effective date of 8 May 15; however, the promotion was never executed in MilPDS.  The applicant separated from the [State] ANG on 31 Dec 15, and his NGB Form 22, Report of Separation and Record of Service, and retirement orders reflect the rank of master sergeant.

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 27 Apr 22, for comment (Exhibit D) but has received no response.

AMENDED AIR FORCE EVALUATION

NGB/A1PP recommends granting the application and amends the previous advisory to include the following:  At the time of the applicant’s promotion, AFI 36-2502, paragraph 10.10.13. required a STEP II nominee to have three years retainability, and they must agree to remain in the ANG for three years subsequent to the promotion.  However, this paragraph, was not tiered and could have been waived by the state.  There is no evidence in the applicant’s record showing what the state did or did not do in relation to the applicant’s service commitment.  Based on the research accomplished, the applicant was awarded the rank of senior master sergeant on 8 May 15, with no action in MilPDS.  The applicant then retired from the [State] ANG on 31 Dec 15.

The complete amended advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AMENDED AIR FORCE EVALUATION

The Board sent a copy of the amended advisory opinion to the applicant on 29 Aug 22 for comment (Exhibit F) but has received no response.

AMENDED AIR FORCE EVALUATION

In a second amended advisory, NGB/A1PP recommends denying the application based upon the following:  The promotion order was published in accordance with AFI 36-2502; however, the applicant agreed to remain in the ANG for three years subsequent to the promotion as required by AFI 36-2502, paragraph 10.10.13.  After consulting with the state where the applicant served, there is no evidence showing the service commitment was waived by TAG in accordance with ANGI 36-2101, paragraph 5.1.2.  The applicant was properly retired in the rank of master sergeant since he did not meet the service commitment for the STEP II promotion.

The complete amended advisory opinion is at Exhibit G.

APPLICANT’S REVIEW OF AMENDED AIR FORCE EVALUATION

The Board sent a copy of the amended advisory opinion to the applicant on 25 Oct 22 for comment (Exhibit H) but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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 Board concurs with the rationale and recommendation of the  second NGB/A1PP amended advisory, dated 11 Oct 22, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant did not complete the three-year service commitment subsequent to the promotion as required by AFI 36-2502.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

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 Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2022-00729 in Executive Session on 15 Dec 22:

, 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 21 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1PP, dated 8 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 27 Apr 22.
Exhibit E:	Amended Advisory Opinion, NGB/A1PP, w/atchs, dated 16 Aug 22.
Exhibit F:	Notification of Amended Advisory, SAF/MRBC to applicant, dated 29 Aug 22.
Exhibit G:	Amended Advisory Opinion, NGB/A1PP, w/atchs, dated 11 Oct 22.
Exhibit H:	Notification of Amended Advisory, SAF/MRBC to applicant, dated 25 Oct 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.