RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03818
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

By amendment at Exhibit F, he asks that his Promotion Sequence Number (PSN) 6991 to the grade of technical sergeant (E-6) for promotion cycle 03E6 be reinstated.
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APPLICANT CONTENDS THAT:

After being selected for promotion, he was told he was ineligible for promotion.  He was given incorrect information about his eligibility to test for E-6 during promotion cycle 03E6.  He received an Article 15 in 2002 for breaking the on-base curfew.  The Military Personnel Flight (MPF) never updated his promotion eligibility code making him ineligible.

He transferred to another unit (PCA) on 28 March 2002 and on 19 August 2002, he Permanently Changed Station (PCS).  He believes the reason for his ineligibility was because the system was not updated to reflect the transfer; therefore, his rater was never changed and his new rater was not tasked with performing an additional EPR before his PCS.  This meant the top EPR was a referral EPR, which made him ineligible for promotion.  The PCA should have triggered a new EPR, which would not have been a referral EPR.

In support of his request, the applicant submits a personal statement, notification of WAPS promotion testing cycle 03E6, WAPS score notice, referral EPR and EPR closing 27 March 2003.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 21 February 1996.  He is currently serving on active duty in the grade of staff sergeant (E-5), with an effective date and date of rank of 1 June 2001.  Applicant's Enlisted Performance Report (EPR) profile for the last five reporting periods follows:

		Period Ending	Evaluation

		    2 Aug 99	5 - Immediate Promotion (Grade of E-4)
		    2 Aug 00	5
		   27 Mar 01	5
		   27 Mar 02	5 - Referral (Grade of E-5)
		   27 Mar 03	5

On 16 January 2002, applicant was notified of his commander's intent to impose nonjudicial punishment (Article 15) for failure to obey a lawful general order regarding off-installation curfew, on or about 13 January 2002, in violation of Article 92, UCMJ.  The applicant consulted a lawyer, waived his right to demand trial by court-martial, accepted nonjudicial punishment and presented a written response.  After considering all matters presented to him, the commander found that the applicant did commit one or more of the offenses alleged.  The commander imposed punishment of a suspended reduction to the grade of senior airman (E-4), restriction to the base for 45 days and a reprimand.  Applicant did not appeal the punishment.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.  DPPPE states that nothing was provided proving the applicant did not understand the report he received was a referral report, nor that he was unaware his promotion eligibility could be adversely affected.  The applicant acknowledged the referral memorandum on 25 April 2002, well in advance of the promotion testing cycle.  The HQ AFPC/DPPPE evaluation is at Exhibit C.

HQ AFPC/DPPPWB states that a review of the applicant’s record reveals he was tentatively selected for promotion to E-6 during cycle 03E6.  His Promotion Sequence Number (PSN) will increment on approximately 1 March 2004.  However, once his referral report was updated in MilPDS, it rendered the applicant ineligible for promotion.  All enlisted promotions are tentative, pending data verification.  The fact that an individual is notified of a tentative promotion and is subsequently found to be ineligible does not entitle them to keep the promotion.  The promotion was without effect because the applicant was ineligible at the time selections were made.  The HQ AFPC/DPPPWB evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions and indicated he was briefed that a referral EPR would affect his promotion eligibility for the cycle that was currently underway.  The referral EPR was being written at about the same time the issues pertaining to the Article 15 and Unfavorable Information File (UIF) were also being discussed with the First Sergeant.  He believes that the misinformation provided by the First Sergeant or confusion of all the information also influenced the understanding by his rating chain.  He can think of no other reason why his rating chain would consider him eligible for immediate promotion, when according to the system he was ineligible.  It appears that according to Air Force Instruction he was ineligible for promotion during the 03E6 cycle.  He did make one error in judgment two years ago by staying off base past curfew.  However, he was punished at the time and has served that punishment.  Since then, he has had no further disciplinary problems.  In fact, his commander removed the UIF earlier than normal.  The applicant’s complete submission is at Exhibit F.
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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 error or injustice.  After thoroughly reviewing the applicant’s submission and the evidence of record, we believe the applicant is entitled to corrective action.  While the referral EPR closed 27 March 2002 and was acknowledged by the applicant on 25 April 2002, it was not acknowledged as such above base level until more than a year later.  Because of this error, the system treated the applicant as eligible for testing and promotion.  The applicant alleges he PCA’d on 28 March 2002 and PCS’d on or about 19 August 2002, which is 144 days.  His next EPR cutoff was 27 March 2003, with the rater having 172 days of supervision, which, in our opinion, supports the applicant’s contention that he had a reportable span without an EPR being rendered.  We believe it was the unit’s obligation to rate the applicant upon PCS, which would have invalidated the promotion bar of a referral EPR.  In addition, the letter the applicant signed acknowledging the referral report said it “may affect” promotions, etc.  The Board is of the opinion that, considering the evaluators of the referral report rendered a “5” promotion recommendation, the unit should have provided a clear, unambiguous statement of the impact of the Article 15.  In view of the foregoing and in an effort to remove any possibility of an injustice, applicant’s line number for promotion to the grade of technical sergeant should be reinstated.  We therefore recommend the applicant’s records be corrected as 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 corrected to show that he was promoted to the grade of technical sergeant (E-6), with an effective date and date of rank of 1 March 2004.
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The following members of the Board considered this application in Executive Session on 25 February 2004 and 7 June 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03818.

   Exhibit A.  DD Form 149, dated 30 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 1 Dec 03.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 9 Dec 03.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Dec 03.
   Exhibit F.  Letter from Applicant, dated 16 Jan 04.

                                   

AFBCMR BC-2003-03818

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 APPLICANT be corrected to show that he was promoted to the grade of technical sergeant (E-6), with an effective date and date of rank of 1 March 2004.