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
AF | BCMR | CY2011 | BC-2011-00635
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00635 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The effective date on his current promotion order be backdated to 26 May 2010, the date the February 2010, majors list was signed. The package could not be processed because his 2009 and 2010 Officer Performance Reports (OPRs) were not signed until...
AF | BCMR | CY2009 | BC-2009-00575
It is disheartening as he watched his active duty JAG counterparts promoted on time, yet as a Guard JAG he is held to the same standard as far as knowledge, training, and deployments, yet he was promoted more than a year later. There is a requirement that the officer be in an active status for one year prior to submission for promotion on a promotion list, as well as meeting the two year time-in-grade requirement. In this respect, it appears the applicants DOR was appropriately...
AF | BCMR | CY2010 | BC-2010-03680
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03680 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Therefore, after careful review of the evidence of record and the applicants complete submission, including her nursing license, we believe she is entitled to constructive service credit from the time she began working full time, and her date of...
AF | BCMR | CY2011 | BC-2011-03553
The complete NGB/A1POP evaluation is at Exhibit C. NGB/A1POP, Officer Program Management, does not make a recommendation, but notes the applicant was initially approved for an appointment in the ANG on 29 Jun 10. NGB/A1YR initially denied the applicants incentive eligibility for the Officer Accession Bonus based on his date of appointment in the Air National Guard (ANG) on 12 Aug 10. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent...
AF | BCMR | CY2008 | BC-2007-02034
In February 2007, the applicant was considered but was not selected for promotion by the FY08 Reserve Major Promotion Board. She ended up meeting the promotion board in the same Category E position as the first board. DPB states there is no apparent error in her Officer Selection Record (OSR) that could result in Special Selection Board (SSB) consideration in lieu of either the FY07 or FY08 USAFR Major Promotion Boards.
AF | BCMR | CY2008 | BC-2008-00660
The DOR and promotion effective date for officers selected for promotion on the captain's list will be the date the officers complete two (2) years time in grade or upon Secretary of Defense approval, or upon public release date, whichever is later. The complete NGB/A1POP evaluation is at Exhibit B. Exhibit C. Letter, SAF/MRBR, dated 12 Sep 08.
AF | BCMR | CY2008 | BC-2007-00485
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00485 INDEX CODE: 107.00 xxxxxxxxxxxxxxxxxxx COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) and effective date to the grade of captain be changed from 24 Jan 07 to 22 Nov 06. All Guard and Reserve officers who were eligible for promotion to captain between 1 Oct 06 and 23 Jan 07...
AF | BCMR | CY2011 | BC-2011-00237
Packages arriving at ANG/DP after the dates stated will be held for the subsequent ANG Colonels Federal Recognition Review Board. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1POP states there is no action they can take or relief they can grant since the TX ANG has never submitted the applicant for promotion to the grade of colonel. The applicant's complete response is at Exhibit...
AF | BCMR | CY2008 | BC-2007-02887
She missed the Fiscal Year 2007 (FY07) Captain Promotion Board, and had to wait until May 07, to meet the FY08 Captain Promotion Board, where she was selected for promotion. She entered the ANG on 3 Aug 06, as a first lieutenant and was promoted to the grade of captain by the FY08 Captains Promotion Board effective 1 Oct 07. Therefore, the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for our...
AF | BCMR | CY2010 | BC-2010-01054
________________________________________________________________ STATEMENT OF FACTS: Based on the available evidence, the applicant was a member of the USAR and was discharged from the USAR on 23 Oct 05. Regardless, when he enlisted in the ANG, on 24 Oct 05, he was given 3 years and 9 months credit as an E-5 since his DOR was adjusted to 1 Jan 02 at the time of enlistment. Based upon the available evidence of record, the applicants DOR was adjusted based on the policies in effect at the...