RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01486
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for promotion to colonel via Special Selection  Board
(SSB) by the Spring 2006 Air National Guard Colonel Review Board.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His commander and the Adjutant General (TAG) of the State  of  Indiana
recommended him for promotion consideration to the grade of colonel by
the Spring 2006 Air National Guard Colonel Review Board that  convened
on 1 March 2006.  His commander informed him on 6 April 2006 that  his
record had not met the board because NGB/A1 made a  decision  (without
the concurrence of the TAG) to not send his record to  the  board  for
consideration.   He  was  therefore  denied  fair  consideration   for
promotion.

In support of his  appeal,  the  applicant  has  provided  letters  of
support from his chain of command, including the TAG,  copies  of  his
personnel records to include Officer Performance Reports (OPR’s).

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant joined the Indiana Air National Guard (INANG) on 2 May 1981.
 He graduated from Undergraduate Navigator Training (UNT) on  9  March
1983 and has been progressively promoted to the  grade  of  lieutenant
colonel with a date of rank (DOR) of 1 October  2002.   His  promotion
package for consideration for promotion to the grade of colonel by the
Spring 2006 Air National Guard Colonel Review Board was  submitted  to
NGB but was not in turn forwarded  to  the  Board  for  consideration.
Applicant has over 25 years of satisfactory service with the INANG and
is currently serving.  He is scheduled to meet the Spring 2007 Federal
Recognition Review Board (FRRB).

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1P0F recommends denial.  A1P0F states  the  applicant’s  original
application was reviewed by the Chief,  Officer  Programs  Management,
NGB, who determined that Air National  Guard  Instruction  (ANGI)  36-
2504, Officer Promotion, Continuation, and Selective Early Removal  in
the Reserve of the Air Force, applies in this situation.  ANGI 36-2504
gives NGB/A1 the authority to  review  each  promotion  recommendation
before the FRRB  is  convened.   In  this  case,  the  INANG  Military
Personnel Management Officer (MPMO) was  given  specific  guidance  by
NGB/A1 on improvements to the record that would be required before  it
was submitted to the FRRB.  The recommendations have been met and  the
applicant is scheduled to meet the Spring 2007 FRRB.

A1P0F’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant completely disagrees with the ANG advisory.   In  fact,  the
ANGI the advisory cites clearly stated the promotion board is  charged
with determining if officers nominated meet the standard  for  Federal
Recognition as Colonels in the Total Force –  not  the  ANG/A1  staff.
NGB/A1 does not have the authority to deny forwarding a package  to  a
Board as long as the member meets all the requirements  for  promotion
in accordance with ANGI 36-2504.  All  documents  that  were  required
were submitted in accordance with prescribed AF and ANG guidance.   If
NGB/A1 thought the package  was  weak,  they  have  the  authority  to
contact the state with their concerns and  the  TAG  should  make  the
final decision whether or not to continue the nomination  or  withdraw
it.  In his case however, it was not until after  the  Board  had  met
that NGB/A1 notified the State his package had not been included.   He
is not satisfied with their answer of …just wait until the spring 2007
Board!  Another officer’s package was sent  at  the  same  time  after
being approved  by  the  State  selection  board  and  were  virtually
identical, yet the other member was  selected  for  promotion  by  the
Board and the member’s package was not sent.  NGB/A1 does not have the
authority to “trump” the State’s promotion board process or  decision,
let alone the authority of the State  TAG  to  forward  the  promotion
package to the Board.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  It appears his promotion package was
prepared correctly and in a  timely  fashion  for  its  inclusion  for
consideration by the Spring 2006 Air  National  Guard  Colonel  Review
Board.  We agree it is  within  the  purview  of  the  NGB  to  review
promotion packages for accuracy and to insure  each  package  presents
the best possible opportunity for ANG  officers  to  be  selected  for
promotion.  However, we believe his case was withheld in order for the
State to submit changes to enhance his opportunity for  selection  but
it appears the NGB did not notify the State in a timely enough  manner
to ensure his package was included in the Spring 2006 FRRB.  Therefore
we recommend that the records be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that he be  considered  for
promotion to the grade of Colonel by  the  Spring  2006  Air  National
Guard Colonel Special Selection Board.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-01486 in  Executive  Session  on  13  February  2007,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Patrick C. Daugherty, Member
      Ms. Josephine L. Davis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Apr 06, w/atchs.
    Exhibit B.  Letter, NGB/A1P0F, dated 26 Dec 06.
    Exhibit C.  Letter, SAF/MRBR, dated 5 Jan 07.
    Exhibit D.  Letter, Applicant, dated 16 Jan 07, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2006-01486




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that he be
considered for promotion to the grade of Colonel by the Spring 2006
Air National Guard Colonel Special Selection Board.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency