RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05761
		
		COUNSEL:  NONE

		HEARING DESIRED: YES


_______________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he was promoted to the grade 
of captain (O-3), effective 19 Oct 12 and with a date of rank 
(DOR) of 23 May 12, instead of 19 Oct 12.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was due to be promoted to the grade of captain (O-3) on 
23 May 12, but his unit mistakenly did not submit his package in 
time to be considered for the correct promotion board.  His unit 
thought he had to be a member of the NVANG for one year before 
he could be promoted and, as a result, his promotion was 
delayed.  While he was not a member of the NVANG for a year 
prior to the suspense for being submitted for promotion, he had 
been on the Reserve Active Status List (RASL) continuously since 
he was commissioned in 2008 and therefore should have been 
recommended for promotion during the Calendar Year 2011B (CY11B) 
Second Half Captain Promotion Selection Board.

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

_______________________________________________________________

STATEMENT OF FACTS:

On 23 May 08, the applicant was commissioned into the Navy 
Reserve in the grade of ensign (O-1) and on 23 May 10, he was 
promoted to lieutenant junior grade (O-2).

On 12 Oct 11, he was appointed a first lieutenant (O-2) in the 
Nevada Air National Guard (ANG), with a date of rank of 23 May 
10.  

On 26 Oct 12, he was promoted to the grade of captain (O-3), 
effective 19 Oct 12.

In accordance with ANGI 36-2504, Federal Recognition of 
Promotion in The Air National Guard (ANG) and as a Reserve of 
the Air Force Below the Grade of General Officer, paragraph 
3.3.9, nominees must have been in an active commissioned status 
for a minimum of one year immediately preceding the promotion 
recommendation. The service must be continuous (without a break) 
and must not include any period assigned to the Inactive Status 
List Reserve Section (ISLRS) or retired status.

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

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PO recommends denial indicating the applicant missed the 
cutoff deadline to be considered for promotion in the CY11B 
promotion cycle.  Based on the applicant’s DOR, he would have 
been eligible to be processed for promotion to captain on the 
CY11B Second Half Captain Promotion list; however, he missed the 
deadline of 1 Oct 11 because he was not appointed into the ANG 
until 12 Oct 11 and was therefore processed on the CY12A First 
Half Captain Promotion list.  He was subsequently selected for 
promotion on this list and given the DOR of 19 Oct 12.

A complete copy of the AFPC/DPSOO evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates that the error with his DOR is due to 
confusion within his unit as to the time requirements for 
submitting his promotion package.  In an effort to correct this 
error, he contacted the Subject Matter Expert (SME) at the 
Officer Programs Management Office of the National Guard Bureau 
(NGB).  The SME indicated that although he joined the NVANG on 
12 Oct 11, 11 days past the submittal date of 1 Oct 11, his unit 
still had ample time to request his package be submitted for 
promotion consideration on the correct CY11B Second Half Captain 
Promotion list.  The SME also stated that if his unit would have 
made the request, she would have likely recommended that his 
package be considered in the CY11B Second Half Captain Promotion 
list.  He currently has a request for supplemental consideration 
for promotion pending.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  The applicant 
contends that due to an error on the part of his unit, he was 
not timely recommended for promotion, resulting in a delay in 
his promotion to the grade of captain (O-3).  However, after a 
thorough review of the evidence of record and the applicant’s 
complete submission, to include his rebuttal response, we are 
not convinced the applicant’s unit erred when recommending him 
for promotion for the Calendar Year (CY) 2012B First Half 
Captain Promotion Selection Board.  In this respect, we note the 
comments of NGB/A1PO indicating that in view of the fact the 
applicant was not appointed in the Air National Guard until 
after the deadline established for the submission of the 
applicant’s promotion package to the CY11B Second Half Captain 
Promotion Selection Board, there was no way the unit could have 
submitted his promotion recommendation to meet the CY11B Second 
Half Promotion Board as the applicant contends.  While the 
applicant’s argument in response to the NGB/A1PO advisory seems 
to be that he was told by NGB that his unit could have submitted 
his recommendation after the 1 Oct 11 deadline, other than his 
own assertions, he has provided no documentary evidence that 
would indicate to us that this is indeed true.  Therefore, in 
the absence of evidence to the contrary, 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-2012-05761 in Executive Session on 1 Oct 13, under the 
provisions of AFI 36-2603:

	             , Panel Chair
	             , Member
	             , Member





The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05761 was considered:

    Exhibit A.  DD Form 149, dated, 7 Dec 12.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, NGB/A1PO, dated 19 Dec 13, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 13.
    Exhibit E.  Letter, Applicant, dated 22 Jan 13.




                                   
                                   Panel Chair
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