RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03619
INDEX CODE: 131.04
XXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her effective date of promotion to the grade of lieutenant colonel be
corrected to reflect 20 July 2007, and she receive the appropriate back pay
and allowances.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to an error in the calculation of the number of lieutenant colonels in
the Air National Guard (ANG) active duty head-space, she was one of five
statutory tour majors who were held back from the April 2007 promotion list
which was subsequently signed on 20 July 2007. This delay caused her
promotion effective date to be 4 September 2007 vice 20 July 2007.
In support of her appeal, she has provided a copy of National Guard Bureau
Special Order Number AP-230, promoting her to the grade of lieutenant
colonel effective 4 September 2007.
Applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was extended Federal recognition and promoted to the grade of
lieutenant colonel, with a Date of Rank (DOR) of 13 April 2007, and a
Promotion Effective Date of 4 September 2007.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial of the requested relief since her promotion
package was not submitted in a timely manner. There are two Federal
recognition promotion boards each month, and since the applicant’s
promotion package was not forwarded to the Officer Promotion Board point of
contact until 27 March 2007, it did not make the established cutoff dates
for the March board or the 5 April 2007 board. She was one of two officers
subsequently considered by the next available board, which convened on
13 April 2007, and her name was placed on the May 2007 ANG Lieutenant
Colonel Promotion List.
The NGB/A1PS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The issue was not adequately addressed since the dispute actually involves
an error in the calculation of the number of lieutenant colonels in the ANG
active duty head-space, not the Active Guard Reserve (AGR) head-space.
Four other majors in ANG statutory tour (AGR) positions were affected by
this error and all of their names were left off the April promotion list
and subsequently placed on the May 2007 list. Three of the affected
statutory tour majors have had their cases adjudicated by the AFBCMR, and
their request to adjust their lieutenant colonel promotion effective date
was approved. Additionally, there is no supporting documentation that her
completed package did not arrive until 27 March 2007.
The applicant’s complete submission is at Exhibit D.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case and her contentions
are noted. However, evidence has been presented that her promotion package
was not submitted in a timely manner in order for her to be considered by
the same board as the other officers whose promotions were held up due to
an administrative situation, which resulted in a later promotion effective
date through no fault of their own. While the applicant contends there was
an error in the calculation of the number of lieutenant colonels in the
ANG, she provides no evidence to support this contention. Therefore, in
the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
________________________________________________________________
The following members of the Board considered Docket Number BC-2007-03619
in Executive Session on 21 May 2008, under the provisions of AFI 36-2603:
Ms. B.J. White-Olson, Panel Chair
Mr. Elwood C. Lewis, III, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 07, w/atch.
Exhibit B. Letter, NGB/A1PS, dated 8 Jan 08, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 18 Jan 08.
Exhibit D. Letter, Applicant, dated 10 Feb 08.
B.J. WHITE-OLSON
Panel Chair
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