RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01639

XXXXXXXXXX	COUNSEL: XXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His major (O-4) Promotion Effective Date (EFF DATE) of 15 Feb 22, be changed to match his 3 Dec 20 Date of Rank (DOR) and he receive back pay associated with the EFF DATE change.

APPLICANT’S CONTENTIONS

On 10 Dec 20, Special Order XXXX, was signed and approved by the Oklahoma Air National Guard Adjutant General, promoting him to the rank of major (O-4) and stated that his DOR and EFF DATE would be 3 Dec 20.  However, he was not Federally recognized until 15 Feb 22.  Joint Force Headquarters, Oklahoma (JFHQ-OK) memorandum, dated XXXXX, cited that this promotion was “delayed due to minimal manning” due to COVID-19.  As such, he requests that his EFF DATE be changed to reflect the DOR and EFF DATE as listed on Special Order XXXXX. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 3 Dec 20, according to Special Order XXXXX, dated 1 Mar 21, the applicant was extended Federal recognition and promoted to the rank of major with a DOR of 3 Dec 20 and an EFF DATE of 15 Feb 22.

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 partially granting the applicant’s request by adjusting his promotion effective date to 1 May 21.  According to the JFHQ-OK/MPMO memorandum, Request to waive Federal Recognition Review Board (FRRB) 60 day submission requirement, dated 21 Oct 21, his Promotion Vacancy (PV) package was submitted late by the state due to “minimal manning.”  His promotion package was routed through local state channels in Dec 20; however, it was not received by NGB/A1PO until Aug 21.  In order to facilitate package processing and minimize further delays, his PV package was added to the next available PV board that requires the Secretary of the Air Force’s (SecAF) approval before being routed to the Secretary of Defense (SecDef) for signature on the approved PV scroll.

His promotion effective date in MilPDS reflects 15 Feb 22 and his DOR reflects 3 Dec 20.  Per Title 10 USC 14308(f), Effective Date of Promotion After Federal Recognition, the effective date of promotion shall be the date on which federal recognition is extended in that grade by the SecDef.  On 15 Feb 22, the SecDef signed the approved scroll which established the applicant’s EFF DATE.

Additionally, in accordance with Air National Guard Instruction (ANGI) 36-2504, Federal Recognition of Promotion in the ANG and as a Reserve of the Air Force Below the Grade of General Officer, the date of rank (DOR) is defined as “The statutory language for establishment of the date an officer begins time in grade.”  Further, it defines the effective date of promotion as ”The date announced in Federal recognition orders and entered into MilPDS on which an officer can begin to wear a higher-grade insignia.  Same as the Promotion Effective Date (PED).”

Therefore, based upon a review of the applicant’s submission, there is evidence to support an error occurred at the state level due to no fault of the applicant.  Had his PV package been submitted on time, he would have been Federally recognized on 1 May 21 when SecDEF signed the scroll for XXXXXX.  As such, NGB/A1PO recommends adjusting the applicant’s promotion effective date to align with the promotion effective date of other officers being promoted to the same grade and reflect 1 May 21.

NGB/A1P has reviewed and concurs with the NGB/A1PO recommendation.

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 30 Sep 22 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 in part.  Specifically, had the applicant’s promotion package been processed in a timely manner he would have been Federally recognized on 1 May 21 and therefore recommend his promotion effective date be adjusted to reflect 1 May 21.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  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 his Promotion Effective Date to the grade of Major (O-4) reflect 1 May 2021.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2022-01639 in Executive Session on 8 Nov 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 22 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PO, dated 13 Sep 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 30 Sep 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.