RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01650 

COUNSEL: NONE 

 HEARING DESIRED: YES 

 

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APPLICANT REQUESTS THAT: 

 

She be promoted to the grade of major (O-4). 

 

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APPLICANT CONTENDS THAT: 

 

She was eligible for promotion to the grade of major on 22 June 
2009 based on provisions of Title 10, United States Code (USC), 
Section 1372, even though she was already medically retired. She 
believes she would have been put in for promotion based upon her 
position in the unit, completing her Professional Military 
Education (PME) in residence, and receiving excellent Officer 
Performance Reports (OPRs), that included her overseas deployment 
to Iraq. Her commander put her in for State promotion; however, 
her requests for a copy of her promotion submission have gone 
unanswered. 

 

In support of her appeal, the applicant provides correspondence 
resulting from her Congressional Inquiry; an excerpt of Title 10 
USC, Section 1372; Department of Veteran Affairs (DVA) Rating 
Decisions; and her OPRs. 

 

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

 

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STATEMENT OF FACTS: 

 

The applicant is a former member of the Pennsylvania Air National 
Guard (ANG) who became ill during her deployment to Iraq. A 
medical evaluation revealed she was diagnosed with a complicated 
connective tissue disease, Systemic Scleroderma with CREST 
Syndrome. Her condition was determined to be 100 percent 
disabling; therefore, she was subsequently medically retired in 
the grade of captain. 

 

According to the Pennsylvania Adjutant General’s office 
memorandum, dated 24 July 2009, in response to the applicant’s 
Congressional Inquiry, the applicant did meet the minimum time 
requirements for a unit vacancy promotion; however, her command 
element did not intend to submit her for an early promotion via 
the unit vacancy promotion program prior to her medical 


retirement. The memorandum also indicates that promotion under 
Title 10, USC, Section 1372, pertains to an officer selected for 
promotion on a mandatory promotion list, not for an officer 
eligible for a position vacancy promotion. To invoke Title 10, 
USC, Section 1372, an officer not only must have met a mandatory 
promotion board, but also had the promotion approved through 
Federal recognition granted by the Secretary of the Air Force. 

 

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AIR FORCE EVALUATIONS: 

 

NGB/A1POP recommends denial. A1POP states that in accordance with 
ANG Instruction 36-2504, paragraph 3.1, “The ANG position vacancy 
promotion program is designed to provide officers who have 
demonstrated high potential and exceptional abilities with the 
opportunity for accelerated promotion. These promotions must be 
reserved for a very limited number of truly outstanding officers 
who have demonstrated potential for positions of increased 
responsibility. Position vacancy promotions are not to be 
routinely offered to all officers.” Nominees must be recommended 
for a position vacancy promotion by his/her commander, with 
commander justification, and the requirement for the officer to be 
examined and found qualified for promotion by a Federal 
recognition examining board. Position vacancy promotion is not 
awarded for past service, but rather is given to those officers 
who have the potential for future positions of increased 
responsibility. 

 

A1POP indicates that in the applicant’s case, it appears that her 
commander did not want to submit her for a position vacancy 
promotion, but rather chose to have her meet a mandatory promotion 
board when she was eligible. There is no evidence that a Federal 
recognition promotion board was convened or that a promotion was 
submitted to their office. 

 

The complete A1POP evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force Evaluation was forwarded to the applicant 
on 17 June 2011, for review and comment within 30 days. As of 
this date, this office has received no response. 

 

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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 an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the relief sought in this application. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

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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 AFBCMR Docket Number 
BC-2011-01650 in Executive Session on 24 January 2012, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-01650: 

 

Exhibit A. DD Form 149, dated 27 Apr 11, w/atchs. 

Exhibit B. Letter, NGB/A1POP, dated 2 Jun 11. 

Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11. 

 

 

 

 

Panel Chair