RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  02-03428
		INDEX CODE:  131.09
		COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be promoted to the grade of senior master sergeant (SMSgt/E-8).

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APPLICANT CONTENDS THAT:

He was not allowed to fairly compete for promotion during the 02E8 cycle even though he was eligible.  He states that he tested but his records never met the board.

He had a retirement date of 1 Mar 02 and was affected by Stop Loss.  He put in for a waiver on 1 Sep 01 to be able to retire.  He sent paperwork to Bolling AFB Military Personnel Flight (MPF) Retirements section on 4 Jan 02 to cancel his retirement date.  On 10 Jan 02, he received verification from Bolling MPF that his waiver was pulled and retirement date cancelled.  He cancelled the date to ensure he would be eligible for promotion because he didn’t trust that the Stop Loss issues would be fixed in time for him to test.

After several emails, he was advised that he would be able to test out-of-cycle.  He was administered testing during the first week of Mar 02.  In Jul 02, he inquired as to his test results but did not receive solid answers until he received an email from Bolling MPF asking several questions.  It appears they still did not have a clue about his promotion.

He feels he has met every requirement on his part to be fairly afforded the opportunity to compete for promotion, but due to circumstances beyond his control this has not happened.  He requested a new retirement date of 1 Jul 03.

In support of his appeal, applicant provided copies of several email transmissions between the applicant, his unit personnel technicians and the Bolling AFB MPF Enlisted Promotion Section concerning his promotion consideration.

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

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STATEMENT OF FACTS:

Applicant’s total active federal military service date (TAFMSD) is 17 September 1979.  He was promoted to the grade of master sergeant with an effective date and date of rank (DOR) of 1 Aug 98.  His High Year Tenure date is 18 Sep 05.

A profile of the applicant’s last six enlisted performance reports (EPRs) follows:

	      PERIOD CLOSING			OVERALL EVALUATION

			04 Nov 97							5
			04 Nov 98							5
			04 Nov 99							5
			04 Nov 00							5
			04 Nov 01							5
		04 Nov 02							5

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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommended that the applicant’s request for automatic promotion to SMSgt be denied.  They provided the following facts to the case:

	   a.  The applicant had an original date of separation (DOS) of 1 Mar 02, which rendered him ineligible for promotion consideration for cycle 02E8.  On 23 Sep 01, he was affected by Stop Loss and not allowed to retire.  He submitted a Stop Loss waiver, however, prior to approval/disapproval, he cancelled the waiver request and submitted a cancellation of his retirement.  He tested out-of-cycle for 02E8 on 7 Mar 02.  The approved cancellation of his retirement application never flowed through proper channels to the Enlisted Promotion Section (HQ AFPC/DPPPWM), nor was it updated in the military personnel data system (MILPDS) by his MPF until 16 Sep 02; therefore, he never met the central or supplemental promotion boards.  Central SMSgt Evaluation Boards are held once a year and SNCO Supplemental Promotion Boards are held twice a year.  The Central 02E8 Board met 23 Jan 02, and the SNCO Supplemental Promotion Board met 29 Jul 02.  The next SNCO Supplemental Promotion Board is not scheduled to convene until Apr 03.

	   b.  Current Air Force policy does not allow for automatic promotion as the applicant requests.  It is unfortunate that there was a “glitch” in the process, but all MSgts eligible for promotion to SMSgt must test, as well as have their records meet evaluation/promotion boards in order to compete for promotion.  To allow the applicant an automatic promotion would not be fair and equitable to his peers who competed under the normal process.

	   c.  Based on the applicant’s new retirement date of 1 Jul 03, he will be eligible and considered supplementally for cycle 02E8 in Apr 03.  HQ AFPC/DPPPWM has forwarded the applicant’s serving MPF a message informing them of his future supplemental promotion consideration for cycle 02E8.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant commented on two aspects of the Air Force evaluation.  First, he states that the cause of the “glitch” is blamed on his retirement date cancellation not making it through the system in time, when the fact is, regardless of whether he cancelled his retirement date, he was under Stop Loss and was eligible to compete for promotion, so his retirement flowing through the system should not have mattered.

Secondly, he believes he has not been afforded the opportunity to compete “under the normal process.”  While he understands that there was a “glitch” in the system, he still believes that an injustice has befallen his ability to compete fairly against his peers.  This injustice has caused undue hardship to his family and planning for his future.

He further states that the results of the 03 supplemental board will not be released until he is well into his terminal leave and believes this is not “fair and equitable” to him.  

He requests that the Board compensate him in the form of a promotion to the grade of senior master sergeant.

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 error or injustice warranting his promotion to senior master sergeant through the correction of records process.  We note that the Air Force has indicated that because of a discrepancy with the military personnel data system (MILPDS), the applicant was not considered by the 02E8 Central or Supplemental promotion boards.  However, based on his new retirement date of 1 Jul 03, he will be eligible and considered supplementally for cycle 02E8 in April 2003.  Promotion to the grade of senior master sergeant is very competitive and many factors are carefully assessed in scoring an individual record. We believe that a duly constituted selection board is in the most advantageous position to make this determination and its prerogative to do so should only be usurped under extraordinary circumstances. Absent clear-cut evidence that the applicant’s corrected record would have scored sufficiently high enough to warrant his selection for promotion to the grade of senior master sergeant, we believe the supplemental promotion process is the most appropriate forum to consider his promotion potential.  There being insufficient evidence to the contrary, we find no basis upon which to favorably consider his request for direct promotion.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-03428 in Executive Session on 18 March 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated Oct 21, 2002, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 12 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.
    Exhibit E.  Letter, Applicant, undated.