RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04179
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her records be corrected to reflect she was promoted to the
grade of master sergeant (E-7), effective and with a date of
rank of 1 Oct 10.
2. She was retired in said grade on 1 Mar 12.
________________________________________________________________
APPLICANT CONTENDS THAT:
Were it not for the inexplicable interruption of the staffing of
her enlistment extension request, she would have attained the
retainability required to be promoted to master sergeant (E-7)
before she retired. In August 2010, her supervisor and
commander submitted a request for her promotion to master
sergeant; however, she lacked the requisite 24-months of
retainability required for the promotion. Her supervisors
submitted a request through proper staffing channels for a 90-
day extension of her enlistment so she could be promoted;
however, the extension request was never staffed beyond the Air
National Guard Readiness Center (ANGRC) Human Resource Office
and therefore, never reached the final approving official, the
Director of the Air National Guard.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the applicants master personnel records, she
served on extended active duty with the Air National Guard (ANG)
in the grade of technical sergeant (E-6) during the matter under
review.
On 9 Mar 10, the applicants active duty tour was extended until
29 Feb 12 to coincide with her attaining 20 years of total
active federal military service.
In accordance with ANGI 36-6, Air National Guard Statutory Tour
Policies and Procedures, paragraph 5.4.2, Directors/2-digit
equivalents recommending members for extension beyond 20 years
total active federal military service (TAFMS) must provide
justification supporting the retention of the member which
describes why it is in the best interest of the ANG statutory
tour program to extend member; identify if the individual has
promotion potential; identify if there is not a pool of
potential candidates for the position held and why; what will be
done to ready replacement candidates during the extension period
if granted; and any special circumstances.
On 1 Mar 12, the applicant retired from the ANG in the grade of
technical sergeant (E-6) and was credited with 20 years and 13
days of total active military service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary and is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/HRS recommends denial indicating there is no evidence of an
error or injustice. On 12 Aug 10, NGB/HR received a request
from NGB/A3 to promote the applicant to the grade of master
sergeant. However, the applicant did not have the requisite 24
months of retainability to assume the higher grade in accordance
with ANGI 36-2101, Air National Guard Active Guard Reserve
Program. On 18 Aug 10, NGB/HR emailed the applicants
leadership informing them that in accordance with ANGI 36-6,
paragraph 5.9, requests for extensions of statutory tour members
beyond 20 years of active duty require approval by the Director,
Air National Guard (NGB/CF) with justification from NGB/A3.
Upon receipt of the request, NGB/HR would process to NGB/CF. On
3 Sep 10, NGB/A3 submitted documentation to NGB/HR requesting a
90 day extension of the applicants estimated time of separation
(ETS) to accommodate her promotion. On 14 Sep 10, officials
from NGB/HR and NGB/A3 met to discuss the pending request for an
extension of the applicants enlistment to accommodate the
promotion. As a result of the meeting, NGB/A3 decided to
rescind their request for the extension. As such, the applicant
failed to meet the retainability requirements for promotion to
the grade of master sergeant.
A complete copy of the NGB/HRS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates her argument that her leadership
submitted a request for extension in order to promote her to the
next rank; however, NGB/HR failed to process the request. She
submits that her commander continues to support her promotion to
MSgt.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
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. The
applicant contends that the failure of NGB/HR to process her
request for an extension of her reenlistment unfairly deprived
her of the retainability she needed to be promoted to master
sergeant (E-7) prior to her retirement from the Air National
Guard (ANG). After a thorough review of the evidence of record
and the applicants complete submission, including her rebuttal
response, we are not convinced the applicant is the victim of an
error or injustice. While the applicant argues that her case
turns to the purported failure of NGB/HR to process her request
for an extension her enlistment, we do not find her arguments or
the documentation presented sufficient to conclude that her
request for an extension was not appropriately handled when it
was apparently returned without action to the recommending
official for further justification. In this respect, we note
that in accordance with the provisions of ANGI 36-6, The Air
National Guard Statutory Tour Program Policies and Procedures,
requests for extension of statutory tour members beyond 20 years
of active service need to be fully justified by the recommending
director and, among other things, explain why the applicants
continued retention is in the best interests of the ANG. While
it is clear the recommending officials initiated the request for
an extension of the applicants statutory tour so she could gain
the retainability required to be promoted to the higher grade
before she retired, her leaderships initial request for an
extension does not appear to comply with the requirements of
ANGI 36-6 as it lacked a clear and convincing justification for
her retention beyond 20 years of active duty and was likely
returned without action to the recommending official on that
basis. While the applicant argues that she was told that her
request was denied by NGB/HR, rather than returned without
action, we find such a distinction academic and conclude the
evidence presented is not sufficient to overcome the presumption
of regularity in the conduct of government affairs which, in the
absence of evidence to the contrary, requires us to presume that
responsible officials acted in good faith in carrying out their
duties. Accordingly, we find no basis to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or 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-2012-04179 in Executive Session on 2 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Sep 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/HRS, dated 6 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.
Exhibit E. Letter, Applicant, undated.
Panel Chair
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