RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03629
INDEX CODE:  131.03
	XXXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

She be considered for promotion to Senior Master Sergeant (SMSgt) (E-8) and if selected, her active duty service commitment be waived, she be given back-pay due her according to her date of rank for the 02E8 promotion cycle, and she retain her current retirement date of 1 May 2003.

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APPLICANT CONTENDS THAT:

She was not considered for promotion to SMSgt during cycle 02E8 through no fault of her own.  Her retirement withdrawal was not forwarded in a timely manner, resulting in three missed opportunities for promotion to SMSgt.  

In support of her application, she provides a copy of AFPC/IG letter dated 1 November 2002; a copy of her AF Form 102, Inspector General Personal and Fraud, Waste and Abuse Complaint Registration; a copy of her retirement withdrawal, AF Form 1160, Military Retirement Action; Special Order Number AC-001023; a copy of her military personnel brief from MILMOD; Special Order Number AC-025030; and E-mail correspondence researching her claim.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates applicant has a Total Active Federal Military Service Date of 13 November 1981.  She has continually served on active duty and has been progressively promoted to the grade of master sergeant (E-7), effective and with a date of rank of 1 May 1995.  

The applicant submitted an application for voluntary retirement effective 1 February 2002, which was approved.  She withdrew her approved retirement on 26 September 2001, due to manning in the squadron orderly room being at only 50%.  By Special Order, dated 12 October 2001, her approved retirement was rescinded.  The applicant’s request to withdraw her retirement was processed prior to her retirement being suspended under the provisions under Stop Loss.  By Special Order dated 17 September 2002, her retirement effective 1 May 2003 was approved.  

The applicant registered a complaint with the Inspector General’s office on 11 October 2002, when her records did not meet the 02E8 central promotion board on 23 January 2002 and her records were again overlooked for the supplemental board held on 29 July 2002.  

The Air Force Personnel Command Inspector General’s (AFPC/IG) office determined the applicant’s military personnel office (MPF) failed to notify the AFPC Enlisted Promotions Section (AFPC/DPPPW) that the applicant had withdrawn her retirement.  Therefore, the applicant’s information was not updated in the promotion files and her records were not considered during the 02E8 promotion board.  

Examiner’s note:  AFPC/DPPPWB informally advised that the applicant tested for promotion during cycle 02E8 in January 2002, however, her test scores were never used.  The applicant retired effective 1 May 2003, as planned.  If the Board grants supplemental promotion consideration, the next supplemental board is scheduled for August 2003.

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AIR FORCE EVALUATION:

AFPC/DPPRRP defers to DPPPWB on the promotion issue.  DPPRRP states that at the time the applicant withdrew her retirement, established procedures required the MPF to notify AFPC/DPPWB (promotions) when a member withdrew their retirement, making them eligible for promotion testing.  The number of requests increased due to Stop Loss, which initiated the implementation of procedural changes between AFPC/DPPRR (retirements) and AFPC/DPPPWB (promotions) in January 2002.  Now a weekly spreadsheet is forwarded to AFPC/DPPPWB containing personnel information on those individuals who receive an approved retirement withdrawal.  The DPPRRP evaluation is at Exhibit C.

AFPC/DPPPWB recommends the AFBCMR direct she be provided supplemental consideration for cycle 02E8.  The DPPPWB evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 February 2003 for review and response.  As of this date, this office has received no response.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  It appears that because of an administrative error, the applicant was not and should have considered for promotion during cycle 02E8.  Therefore, to rectify this error, the applicant should be considered for promotion via the supplemental process.  If the applicant is recommended for promotion as a result of the supplemental consideration, we will again consider her application to resolve her requests for a waiver of her active duty service commitment and for award of back pay and allowances.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be provided supplemental promotion consideration for promotion to the grade of senior master sergeant for Cycle 02E8.

If she is not recommended for promotion during Cycle 02E8 as a result of supplemental consideration, the office of primary responsibility advise her of that recommendation.

If she is recommended for promotion during Cycle 02E8 as a result of supplemental consideration, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest date so that all necessary and appropriate actions may be completed.

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The following members of the Board considered this application in Executive Session on 28 May 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2002-03629 was considered:

     Exhibit A.  DD Form 149, dated 7 Nov 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRRP, dated 23 Dec 02.

     Exhibit D.  Letter, AFPC/DPPPWB, dated 16 Jan 03.
     Exhibit E.  Letter, SAF/MRBR, dated 21 Feb 03.

AFBCMR BC-2002-03629

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 XXXXXXXXXXXXXXXXXXXXXXX, be provided supplemental promotion consideration for promotion to the grade of senior master sergeant for Cycle 02E8.

	If she is not recommended for promotion during Cycle 02E8 as a result of supplemental consideration, the office of primary responsibility advise her of that recommendation.

	If she is recommended for promotion during Cycle 02E8 as a result of supplemental consideration, the Air Force Board for Correction of Military Records be advised of that recommendation at the earliest date so that all necessary and appropriate actions may be completed.