Free Response to Motion - District Court of Federal Claims - federal

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BY ORDER OF CHIEF, NATIONAL GUARD BUREAU

ANGI 36-2502 25 August 2000 Personnel PROMOTION OF AIRMEN

This instruction provides guidelines and establishes rules for the promotion of airmen in the Air National Guard (ANG), applies to all ANG enlisted members, and proposed supplements are to be submitted to ANG/DP for review.

SUMMARY OF REVISIONS This is the second publication of ANGI 36-2502, and supersedes ANGI 36-2502, 15 October 1993. It reorganizes the instruction in a chapter format and updates references to law, instructions, office symbols and AFSCs. Provides clarification under the Deserving Airman Promotion Program, that airmen in retraining status are not eligible for promotion under this provision. Incorporates Active Guard/Reserve (AGR) promotion criteria to include guidance on promotion of category one AGR members. Provides clarification on promotions of recruiters. Changes Table "Requirements for Promotion," Table 2.1. in this publication, and Notes to accommodate those seeking promotions to SrA who are attending lengthy formal training and have not had sufficient time or training to upgrade to the appropriate skill level. Modifies Note "Time-in-service computations...," Note 2 in this publication, to include time frames when USAF delayed enlistment program is considered to be creditable service. Changed requirements in Table "Supplemental Mandatory Requirements for Deserving Airman Promotions," Table 2.2. in this publication, for MSgt from 240 months (20 years of satisfactory service) to 216 months (18 years of satisfactory service). The attachment changes grade ceilings to 125% for TSgts and 120% for MSgts. A * indicates revision from the previous edition.

Chapter 1 PROMOTION CRITERIA

1.1. Who May Promote Airmen. The authority to promote ANG airmen as Reserves of the Air Force is delegated to the State Adjutant General IAW policies and procedures established by this instruction and its supplements. Each State Headquarters must monitor unit promotions to the grades of TSgt through CMSgt (see attachment) to ensure that the State does not exceed the manning percentages prescribed in ANGI 36-2101, Assignments Within the Air National Guard. The authority to promote airmen serving under 10 USC 12310 (Statutory Tour) rests with the Director, ANG and may be further delegated, in conjunction with state approval. 1.1.1. The authority to promote through the grade of TSgt may be delegated to subordinate unit commanders.

Supersedes: ANGI 36-2502, 15 October 1993 OPR: ANG/DP (CMSgt R. VanSciver)

Certified by: NGB/CF Pages 10/Distribution: F

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ANGI 36-2502 25 August 2000

1.1.2. Prior to promotion to any grade, the immediate commander must first recommend the airman. This recommendation must be based on a period of time sufficient to permit a substantive evaluation of the airman's total performance. An essential part of this evaluation includes the airman's attendance at Unit Training Assemblies (UTA) and annual training. Before recommending promotion, the commander must also ensure that the airman's duty performance and training progress clearly warrant the promotion. In the Noncommissioned Officer (NCO) grades, particular emphasis must be placed on supervisory and leadership potential as well as previously demonstrated technical skills. 1.1.3. Commanders should hold ceremonies appropriate to the grade to which the airman has been promoted. Such activities will not be conducted prior to the effective date of the promotion.

1.2. Eligibility Factors: 1.2.1. Table 2.1. provides objective criteria that must be satisfied before the airman is recommended for promotion. To assist commanders in selecting nominees for promotion, each Adjutant General may expand this criteria to provide an additional basis for comparison and evaluation. 1.2.2. Airmen may not be promoted more than one grade at a time, except if promoted to SSgt to attend a commissioning program or as authorized upon graduation from high school IAW ANGI 36-2002, Enlistment and Reenlistment in the ANG and as a Reserve of the Air Force. 1.2.3. In each state, promotions are limited to the grade ceilings specified in ANGI 36-2101. A promotion that will cause a state to exceed the grade ceiling is not authorized. Care must be exercised so that promotions under the Deserving Airman Promotion Program (paragraph 2.2.) do not prevent the promotion of deserving NCOs occupying valid vacancies. A well-conceived and carefully executed force management plan is essential, if promotion opportunities are to be equitably distributed. 1.2.3.1. The individual must possess an awarded PAFSC at the appropriate skill level (Table 2.1., Column B). This requirement does not apply to members assigned to First Sergeant positions, AFSC 8F000. 1.2.3.2. The manning levels for CMSgt and SMSgt, as defined in ANGI 36-2101, are designed to accommodate individuals who were promoted under the unit vacancy promotion system and whose UMD position grades were later reduced by unit reorganization or other UMD change. 1.2.4. Military duty personnel (Title 32 USC 502(f)) may not be promoted above the maximum Unit Manpower Document Active authorized grade or the military duty grade authorized using the AGR/Military Technician Grade Comparability Table in ANGI 36-101, The Active Guard(AGR)/Reserve Program, Atch 3. In addition, the State must have an AGR grade ceiling authorization available to accommodate promotions to SMSgt and CMSgt. 1.2.5. ANGI 36-2101 establishes service commitments, which are incurred upon promotion to one of the top three enlisted grades. Airmen promoted to a grade below MSgt do not incur service commitments. (See Table 2.1., Notes 6 & 7.)

1.3. Conditions Which Make Airmen Ineligible for Promotion. An airman is not eligible for promotion if he/she: 1.3.1. Fails to meet the weight/body fat standards prescribed in ANGI 40-502, The Weight and Body Fat Management Program.

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1.3.2. Has a medical profile of 4P and is not qualified for worldwide duty. However, members who have been found fit for duty, but non-deployable (DAC 42) are eligible for promotion. 1.3.3. Is not recommended for retention by the unit commander. 1.3.4. Declines in writing to reenlist or extend. 1.3.5. Is an unsatisfactory participant as defined in AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members. 1.3.6. Is undergoing administrative demotion action under ANGI 36-2503, Administrative Demotion of Airmen. 1.3.7. Has requested voluntary retirement or separation (including joining another military component). 1.3.8. Is in an excess status. Members in an excess status may not be promoted above the grade of SSgt (E-5). 1.3.9. Is being processed or considered for involuntary separation under AFI 36-3209.

1.4. Administrative Procedures: 1.4.1. Unit commanders will forward their recommendation through their servicing Military Personnel Flight (MPF) to the promotion authority. This allows sufficient lead-time for administrative processing for promotion recommendation. 1.4.2. Promotions are announced via AF Form 2096, Classification/On-The-Job Training Action, or composed special orders published by the MPF or other orders issuing authority. 1.4.3. The effective date of promotion is the date of the promotion order or AF Form 2096. 1.4.4. The date of rank (DOR) of an airman promoted to a grade not previously held is the effective date of the promotion. 1.4.5. The DOR of airmen previously demoted as a result of a voluntary change of assignment will be adjusted upon promotion to give credit for previous time satisfactorily served in that grade. For example, a prior MSgt who voluntarily accepted demotion to SSgt would have his or her date of rank adjusted to give credit for previous time upon promotion again to TSgt and MSgt. 1.4.6. Promotion orders authorized by a commander without promotion authority or for a member who is later found to be ineligible for the promotion will be revoked only upon specific approval by the Adjutant General. In such cases, determination must be made that the facts clearly and unmistakably show the original promotion order was without basis of authority. The revocation order will be worded as follows:

Paragraph __________, Special Order _________________, this headquarters, dated __________, purporting to promote (name and service number of the airman concerned) has been determined by the Adjutant General of (State/Territory) to be without original basis of authority, is null and void, and is hereby revoked.

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ANGI 36-2502 25 August 2000

1.4.7. Administrative procedures for effecting the promotion of ANG airmen will be as prescribed by the Adjutant General. As a minimum, these procedures will include verification of eligibility by the servicing MPF, review of Unit Personnel Management Roster (UPMR) to identify positions being downgraded or deleted, and verification of adjusted effective manning percentage as prescribed in the attachment. Promotion records will be maintained in accordance with AFMAN 37-139, Records Disposition Schedule. 1.4.8. Promotions are effective on a stated date (usually the date of the promotion order or AF Form 2096) and may not be retroactively granted. Every caution must be taken to prevent administrative errors. If an error/oversight occurs, the only means available to correct the effective date of the promotion is an appeal to the USAF Board for Correction of Military Records (per AFI 36-2603).

CHAPTER 2

ANG Promotion Programs

2.1. Unit Vacancy Promotion. A unit vacancy must exist in the specific AFSC in the grade to which promotion is contemplated, and the individual must be the sole occupant of that valid manpower position. For the purpose of this instruction, a unit vacancy is a personnel assignment condition in which the total number of valid manpower positions in a unit (by AFSC and grade) does not exceed the number of personnel assigned to a unit in the same AFSC and grade (to include overgrade assignments in a higher grade in the same AFSC).

2.2. Deserving Airman Promotion Program. Qualified deserving airmen may be promoted to MSgt or TSgt without regard to position vacancy. However, promotions resulting from this program must be within the manning constraints of ANGI 36-2101. Only airmen who have demonstrated their potential to perform in the higher grade based on criteria outlined in Chapter 1 may be promoted. A deserving airman promotion is not a reward for past service, nor is it authorized solely due to an airman's attainment of the minimum eligibility requirements. The limited number of opportunities available under this program requires each commander to objectively evaluate and rank order all nominees so that only truly deserving airmen are promoted. All of the following non-waiverable criteria must be met: 2.2.1. The airman must be the sole occupant of a UMD position with an authorized grade identical to their current grade (e.g., a TSgt being considered for deserving airman promotion to MSgt must be the sole occupant of the TSgt position). Upon promotion, the airman must be assigned to the first available position that will resolve the overgrade status. 2.2.2. The airman must be fully qualified in the DAFSC to which assigned. 2.2.3. The promotion must not result in the airman becoming senior in grade to their immediate supervisor. 2.2.4. The airman must meet the requirements listed in Table 2.2. in addition to those in Table 2.1. *2.2.5. Airman in retraining status are ineligible for promotion under this program.

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