RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00402
		INDEX NUMBER:  131.00

	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be directly promoted to master sergeant (MSgt) (E-7) as if selected during the 01E7 cycle.

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APPLICANT CONTENDS THAT:

He was placed at a competitive disadvantage for the Weighted Airman Promotion System (WAPs) test due to being miscounseled by the military personnel flight regarding the material that he would be tested on.  He was advised that he would test on both the specialty knowledge test (SKT) and the promotion fitness exam (PFE).  Instead he only tested on the PFE.

The miscounseling caused him to devote too much time to non-testable material and not enough to the actual material being tested, resulting in his score being .18 below that needed for promotion.

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

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STATEMENT OF FACTS:

The applicant is serving on active duty in the grade of technical sergeant (E-6).  His Total Active Federal military Service Date is 5 Jan 84.  The applicant’s last five enlisted performance reports have overall ratings of “5.”

The remaining relevant facts pertaining to this application are contained in the evaluation done by the appropriate office of the Air Force found at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial of the applicant’s request for direct promotion.

The applicant has not substantiated his claim of miscounseling.  It is ultimately the applicant’s responsibility to know his eligibility status, the study references required, how he will be considered (both PFE and SKT or PFE only), and when he will test.  When the applicant was considered for the 01E7 cycle, he competed with 179 other individuals who apparently knew they would not test on an SKT since they have not petitioned the AFBCMR for relief.  There are no provisions that would allow any individual an automatic promotion based on the applicant’s circumstances.  Not only must the interest of the individual be considered, but also the interest of his 111 peers who were also not selected.

As an alternative, if the Board determines that the applicant has suffered an injustice, it could consider directing supplemental consideration using the applicant’s PFE score from the next cycle, 02E7 (testing 15 Feb -31 Mar 02), and applying it retroactively to the 01E7 cycle.

The complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicated in response to AFPC/DPPPWB’s assertion that had he personally reviewed the WAPs catalogue, he would have known that he was SKT exempt for cycle 01E7, that he was physically in the Unit WAPs Monitor’s office to sign his testing notification and that they both looked at the catalogue and could not find his Air Force Specialty Code.  The Unit WAPs monitor indicated that they would confirm with the Base Promotion and Testing office what his status was.  He believed he was using proper channels in going through the Unit WAPs Monitor.

The applicant further indicates that his current assignment to a one deep slot may have had some bearing on his lack of knowledge regarding testing requirement.  He indicates that he has struggled with how his petition would reflect on him and how any relief he might be granted would be viewed.  He believes, however, that he was made less competitive by the miscounseling that he received.

The applicant’s complete response is at Exhibit E.

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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 probable error or injustice in regards to the applicant’s request for direct promotion to MSgt.  While it does appear that the applicant was provided erroneous information regarding what he would be tested on, we do not believe it warrants direct promotion.  We believe that in fairness to all those competing for promotion, a direct promotion should only be granted under the most egregious circumstances.  This situation seems to be simply a case of an unintended error.  Therefore, in the absence of evidence to the contrary, we find no compelling reason to grant the relief requested.

4.  Notwithstanding our determination above, we believe that the applicant may have been hindered in his preparation for his WAPS test based on the erroneous information he received.  In the interest of equity and justice, we believe the applicant should be granted some form of relief.  Accordingly, we recommend that the applicant’s records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be provided supplemental promotion consideration to the grade of master sergeant for cycle 01E7 using his Promotion Fitness Examination (PFE) scores from cycle 02E7.

If selected for promotion to master sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.

If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual’s qualifications for the promotion.

If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date

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The following members of the Board considered Docket Number 02-00402 in Executive Session on 2 April 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPWB, dated 12 Feb 02,
                 w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 22 Feb 02.
     Exhibit E.  Memorandum, Applicant, dated 7 Mar 02.

AFBCMR 02-00402

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXX, XXX-XX-XXXX, be  provided supplemental promotion consideration to the grade of master sergeant for cycle 01E7 using his Promotion Fitness Examination (PFE) scores from cycle 02E7.

	If selected for promotion to master sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.

	If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual’s qualifications for the promotion.

	If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.