RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02532
		INDEX CODE:  100.07, 131.04

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE:  17 FEB 2006

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APPLICANT REQUESTS THAT:

His Air Force Specialty Code (AFSC) of 3P051 (Security Forces Journeyman) be reinstated as a secondary AFSC; and that he be promoted to the rank of staff sergeant (SSgt) with a promotion date to reflect the 03E5 promotion cycle.

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APPLICANT CONTENDS THAT:

He was wrongfully retrained out of his primary AFSC (3P051) because of wrong information generated by the commander’s support staff and the squadron, resulting in him being wrongfully denied promotion opportunities for the Weighted Airman Promotion System (WAPS) cycles 03E5 and 04E5, and if this is not corrected, cycles 05E5 and 06E5, due to the Career Development Course (CDC) for his new career field.   His AFSC 3P051, Security Forces Apprentice, was erroneously withdrawn due to incorrect information concerning Article 15 charges under Article 121 versus Article 132.  He received nonjudicial punishment for a fraudulent claim regarding a “Do it Yourself” (DITY) move, when he moved from one on-base house to another.  

A separation versus retention package was initiated stating that his primary 3P051 AFSC was removed and he could no longer serve in the security forces career field because he received non-judicial punishment that resulted in a reduction in rank for offenses involving wrongful appropriations.  This would be true if he had been charged under Article 121 Larceny and Wrongful Appropriation, but he was not.  The information used in his package was incorrect, but was still forwarded up his chain of command for approval.  When it was written, they used Article 121 (Wrongful Appropriation) for the fact based information.  Wrongful appropriation has nothing to do with Article 132, Frauds Against the United States, and the article he was charged with and served punishment for.  AFI 36-2108, para 3.5.2.5 should not have had any bearing on his situation or his career status in the security forces career field.

In support of his appeal, applicant submitted an expanded statement; a statement from his Area Defense Counsel, dated 10 Aug 04; an Air Force Office of Special Investigation (AFOSI) Report of Investigation; extracts from his military personnel file (to include the Article 15, dated 24 Apr 02; a copy of his Separation vs. Retention package, WAPS promotion data, and his last six enlisted performance reports), along with other supporting documentation.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 Jul 97.  Prior to the events under review he was promoted to the rank of staff sergeant with a date of rank and effective date of 1 Mar 02.

On 18 Mar 02, the Air Force Office of Special Investigations (AFOSI) initiated an investigation against the applicant for a possible fraudulent claim regarding a “Do It Yourself (DITY) move claim between 13 and 15 Mar 02.  Applicant had estimated his weight would be 5000 pounds, however, on 15 Mar 02, he reported 11,640 pounds as being moved.  Shortly after his move, a quality control inspector went to applicant’s new on-base residence and could not find property consistent with the reported weight.  Applicant subsequently confessed to reweighing his property several times.  For this misconduct, he received an Article 15 for Violation of the Uniform Code of Military Justice (UCMJ), Article 132.  His punishment consisted of a reduction to the grade of senior airman, with a new date of rank of 24 Apr 02 and restriction to the base for 30 days.

Applicant’s Primary AFSC of 3P051 was withdrawn, effective 24 Apr 02, based on his Article 15 violation.

On 7 Feb 03, applicant’s commander requested retention versus separation review, and recommended retraining for the applicant who was disqualified for cause from his Primary AFSC, 3P051.  On 24 Mar 03, the wing commander approved the applicant for retraining.

Applicant is currently serving in AFSC 1A331 (Airborne Communications and Electronics Systems Apprentice), in the grade of SSgt, with a date of rank of 1 Nov 04.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPAC reviewed this application and determined that the applicant’s AFSC 3P051 can be reinstated as a secondary AFSC which can be accomplished through pertinent administrative procedures which do not require referral to the AFBCMR.

Applicant received an Article 15 for fraud against the United States and was sentenced to reduction to the grade of senior airman, with new date of rank of 24 Apr 02, 30 days of extra duty and restriction to the base.  The Article 15, by itself, did not require AFSC withdrawal.  Administrative relief is available because AFSCs withdrawn erroneously may be reawarded.  In the applicant’s case the military personnel flight (MPF) has the authority to reaward the AFSC as a secondary AFSC.  However, there is no guarantee that the applicant will be utilized again as a 3P0X1.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPWB reviewed this application and recommended denial.  Applicant was ineligible for promotion consideration to SSgt during cycle 03E5 due to being removed for cause from his AFSC (3P0X1), effective 24 Apr 02.  DPPAC has determined applicant’s AFSC was erroneously withdrawn and suggests he seek administrative relief through his MPF.

If applicant is reawarded 3P0X1 as a secondary AFSC, he would receive supplemental promotion consideration in the 9A000 AFSC (retraining or pending retraining) beginning with cycle 03E5.  Since the applicant never tested for cycle 03E5, he would take the current test for cycle 04E5 and his score would be applied retroactively to the 03E5 cycle.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/JA reviewed this application and recommended that he should be granted an opportunity to compete at a supplemental board for promotion to SSgt.  They stated in part, to remain a qualified member of the Security Forces career field, an airman must have never received nonjudicial punishment under the UCMJ which resulted in either reduction or suspended reduction in grade, or correctional custody for offenses involving acts of larceny, wrongful appropriation, robbery, burglars, housebreaking, or misconduct in combat.  Because the applicant was not charged with violating one of the offenses enumerated requiring automatic removal from the Security Forces career field, DPPAC determined he should have his AFSC reinstated.  When he lost his AFSC for cause, he automatically became ineligible for promotion consideration and would remain in that status until he was awarded an AFSC at a skill level commensurate with his grade.  However, the reinstatement of the applicant’s AFSC renders him eligible for promotion effective cycle 03E5.

A complete copy of the evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Dec 04 for review and comment within 30 days.  As of this date, no response has been received by this office (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 warranting supplemental promotion consideration.  Applicant requests his 3P051 AFSC be reinstated as a secondary AFSC and that his promotion to the rank of staff sergeant (SSgt) be effective the date of the 03E5 promotion cycle.  The board found that AFSC 3P051 was erroneously withdrawn for cause and the applicant was rendered ineligible for promotion consideration to SSgt during cycle 03E5.  In view of this, and to preclude any further injustice to the applicant, we believe the supplemental promotion consideration provides an equitable process to consider airmen with errors in their records and is the most appropriate forum to consider the applicant’s promotion potential.  Therefore, we agree with the opinions and recommendations of the Air Force and recommend the applicant’s records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice in regard to the applicant’s request to have AFSC 3P051 redesignated as his secondary AFSC.  It appears the applicant’s AFSC 3P051 has been reawarded and designated as his primary AFSC and AFSC 1A331 as the secondary.  Although the designation of the AFSCs is not exactly in line with the applicant’s requests, he has not established that the corrections are inaccurate.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in regard to the applicant’s AFSC designation.

5.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 consideration for promotion to the grade of staff sergeant for promotion cycle 03E5.

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 this promotion, such information will be documented and presented to the Board for a final determination on the individual's qualifications for the promotion.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02532 in Executive Session on 18 May 2005, 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 11 Aug 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAC, dated 20 Sep 04.
     Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 8 Oct 04.
     Exhibit E.  Letter, HQ AFPC/JA, dated 24 Nov 04.
     Exhibit F.  Letter, SAF/MRBR, dated 3 Dec 04.

AFBCMR BC-2004-02532

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 XXXXXXX, XXXXXXX, be provided supplemental consideration for promotion to the grade of staff sergeant for promotion cycle 03E5.

	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 this promotion, such information will be documented and presented to the Board for a final determination on the individual's qualifications for the promotion.