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AF | BCMR | CY2011 | BC-2010-02029
Original file (BC-2010-02029.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02029

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His date of rank (DOR) to  the  grade  of  lieutenant  colonel  be
corrected to reflect 8 Oct 07, rather than 11 Mar 10.

2.  He receive back pay and  tax  exemption  status  for  the  periods
December 2007, March-June 2008, September-October 2008  and  November-
December 2009.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His promotion to lieutenant colonel was  continually  delayed  by  the
Wing Commander.  He was coerced twice into signing an  AF  Form  3988,
Application  for  Voluntary  Delay,  Acceptance,  or  Declination   of
Promotion, with the threat of being separated if he  didn’t  sign  the
form.  He was notified in February 2010, that if he was  not  promoted
by October 2010 he had to retire.

In support of his request, the applicant provides documents  extracted
from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letters prepared by
the appropriate office of the Air Force (Exhibit C through D).

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1POP does not make a recommendation and defers to  the  Board  to
make a determination regarding the applicant’s date of rank.  However,
they point out that a state has the authority to  have  a  policy  for
promotion of their officers who would become overgrade upon promotion.
 The State is not required to have this policy as there are provisions
in  ANGI  36-2101  that  allow  promotion  of  officers  in  overgrade
situations.

The complete NGB/A1POP evaluation, with attachments, is at Exhibit B.

NGB/FMF states that if the applicant’s DOR is back-dated he  would  be
entitled to the difference in basic pay, basic allowance  for  housing
and tax credit limited to the basic pay for the senior enlisted person
plus $225.00 for combat zone pay for the  months  he  was  in  theater
during the contested period.

The complete NGB/FMF evaluation is at Exhibit C.

NGB/A1PS concurs with  NGB  subject  experts  and  state  they  cannot
recommend or deny relief.

The complete NGB/A1PS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
4 Mar 11, for review and comment within 30 days (Exhibit  E).   As  of
this date, this office has received no response.

_________________________________________________________________

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 an error or injustice.  After a  thorough  review  of
the evidence of record and the applicant’s  submission,  we  find  the
evidence of record insufficient to recommend relief in this case.   We
note that while the policy employed by the state  regarding  overgrade
promotions is not required by Headquarters ANG policy, the  state  has
the authority to develop and implement its own policy.  As  such,  the
applicant has not shown that he  has  been  treated  differently  than
similarly situated officers assigned to his ANG unit.   Therefore,  in
view of the above and in the absence of evidence to the  contrary,  we
find no basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate
the existence of an error or an injustice; the application was  denied
without a personal  appearance;  and  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 AFBCMR Docket Number BC-
2010-02029 in Executive Session on 13 Apr 11, under the provisions  of
AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2010-02029 was considered:

   Exhibit A.  DD Form 149, dated 19 May 10, w/atchs.
   Exhibit B.  Letter, NGB/A1POP, dated 28 Dec 10, w/atchs
   Exhibit C.  Letter, NGB/FMF, dated 15 Feb 11.
   Exhibit D.  Letter, NGB/A1PS, dated 25 Feb 11.
   Exhibit C.  Letter, SAF/MRBR, dated 4 Mar 11.





                       Panel Chair

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