RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00313 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her records be corrected to reflect she was promoted to the 
grade of senior master sergeant (E-8), effective and with a date 
of rank of 23 Dec 05, rather than 8 Jan 09. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was discriminated against when she was denied promotion to 
senior master sergeant (E-8) and subsequently not permitted to 
apply for a position for which she was the only qualified 
candidate. Her contentions are validated in the Resolution 
Agreement and Release of Claim regarding her Equal Opportunity 
Complaint (RC-07-001-01). 

 

In support of her request, the applicant provides copies of the 
Resolution Agreement and Release of Claim and her senior master 
sergeant (E-8) promotion order. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Information extracted from the Military Personnel Data System 
(MilPDS) indicates the applicant enlisted in the Nevada Air 
National Guard on 22 Sep 86 and was progressively promoted to 
the grade of master sergeant (E-7), effective and with a date of 
rank of 6 Nov 99, prior to the matter under review. 

 

On 11 May 94, the applicant was voluntarily ordered to active 
duty under the Active Guard/Reserve (AGR) program. 

 

In accordance with ANGI 36-101, The Active Guard/Reserve 
Program, AGR members are reserve component members on full-time 
duty to organize, administer, recruit, instruct, and train 
members of the Guard and Reserve. Service in the AGR program is 
credited as active service. 

On 5 Feb 07, the applicant voluntarily resigned her AGR 
position, reverting to her underlying traditional (part-time) 


status as a member of the Nevada Air National Guard. She was 
credited with 12 years, 8 months, and 24 days of total active 
service. 

 

Available documentation indicates the applicant filed a formal 
discrimination complaint on 11 Feb 07 alleging discrimination 
based on reprisal for filing a formal Equal Opportunity (EO) 
complaint in 1996, and testifying in support of an EEO complaint 
in 1998. She alleged that she was not selected for the position 
of senior production controller or permitted to apply for the 
position of communication and information officer because of 
these activities. During the investigation, the applicant 
alleged she was also the victim of gender-based discrimination. 
The investigation was conducted in XXXXXXX, Nevada, from 18 
through 20 Sep 07. 

 

The Report of Investigation (ROI) indicates the applicant 
demonstrated, by a preponderance of the evidence, she was the 
victim of discrimination based on reprisal when she was not 
selected for the senior production controller position and she 
was the victim of gender based-discrimination when she was not 
provided a waiver so she could receive a promotion, while males 
who were similarly situated received waivers and subsequent 
promotions. 

 

The investigator recommended the complaint be resolved through 
the applicant’s return to the AGR program, promotion to senior 
master sergeant (E-8), and assignment to a position providing 
her a career path allowing her progression as her experience and 
performance allow. 

 

On 14 Nov 08, the applicant and the Nevada Military Department 
executed a Resolution Agreement and Release of Claim documenting 
the terms of their agreement in full settlement of the her 
discrimination complaint. The agreement indicates the Nevada 
Military Department will place her in an AGR position in the 
Joint Force Headquarters; recommend her for promotion to the 
grade of senior master sergeant (E-8), provided she is otherwise 
qualified; and support her AFBCMR request for retroactive 
promotion to a date as early as 23 Dec 05. 

 

On 21 Nov 08, the applicant was voluntarily ordered to active 
duty for five years under the AGR program, effective 12 Nov 08. 

 

On 8 Jan 09, the applicant was promoted to the grade of senior 
master sergeant (E-8). 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

________________________________________________________________ 

AIR FORCE EVALUATION: 

 


NGB/A1PS recommends denial, indicating the documentation 
provided by the applicant does not support her request. Clearly 
the intent of the Resolution Agreement and Release of Claim was 
for her promotion in the future (emphasis added), provided she 
met all the qualifications expected of any AGR being considered 
for promotion. Additionally, AGR promotions to senior master 
sergeant (E-8) and chief master sergeant (E-9) must be 
accommodated within the state’s authorized AGR controlled grade 
ceilings for those grades in accordance with ANGI 36-101. 
Unfortunately, the documentation provided by the applicant is 
not sufficient to determine when a control grade resource would 
have become available to accommodate her promotion. Therefore, 
a determination of when she would have been promoted cannot be 
made. 

 

A complete copy of the NGB/A1PS evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant takes issue with the argument the intent of the 
agreement was her future promotion. The third term of the 
agreement clearly states the agency agrees to support her claim 
before the AFBCMR for retroactive promotion to a date as early 
as 23 Dec 05. 

 

A complete copy of the applicant’s response, including 
attachments, is at Exhibit E. 

 

By electronic mail, dated 25 May 10, the applicant provides 
copies of the Report of Investigation of her discrimination 
complaint, her letter of resignation from her AGR position, her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, and other records. A complete copy of the applicant’s 
additional submission is at Exhibit F. 

 

________________________________________________________________ 

 

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 an error or injustice warranting 
corrective action. After a thorough review of the available 
evidence, particularly the Investigative Report and Resolution 
Agreement and Release of Claim related to the applicant’s EEO 
complaint, it appears the applicant was the victim of 
discrimination and reprisal when her leadership repeatedly and 
deliberately denied her full and fair consideration for 
advancement. Therefore, we believe it is in the interest of 


justice to grant the requested relief and recommend her records 
be corrected to the extent 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 she was 
promoted to the grade of senior master sergeant (E-8), Air 
National Guard, effective and with a date of rank (DOR) of 
23 Dec 05, rather than 8 Jan 09. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2009-00313 in Executive Session on 8 Jun 10, under the 
provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Jan 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 21 Jan 10. 

 Exhibit D. Letter, AFBCMR, dated 16 Apr 10. 

 Exhibit E. Letter, Applicant, dated 28 Apr 10. 

 Exhibit F. Electronic Mail, Applicant, 

 dated 25 May 10, w/atchs. 

 

 

 

 

 

 Chair