RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02631
		INDEX NUMBER: 131.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be provided supplemental promotion consideration to the grade of senior master sergeant (E-8) for cycle 01E8 in the Air Force Specialty Code (AFSC) 8J000 (Correctional Custody) career field.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Through no fault of his own, and despite his attempts to correct his records prior to selections during cycle 01E8, he was considered for promotion to the grade of senior master sergeant in the wrong AFSC.  He should have been considered for promotion in AFSC 8J000 during cycle 01E8 since he performed the duties of the Superintendent of the XXXXX Correctional Custody Facility from 28 September 1999 to 5 February 2001.

Prior to promotion selections for cycle 01E8, he reviewed his Data Verification Record (DVR) and discovered that his AFSC was incorrectly listed as his old AFSC (2E171).  He contacted his commander who took action to have the error corrected prior to promotion testing and promotion selections for cycle 01E8.  He verified that his records had been corrected to reflect his duty and control AFSCs (DAFSC and CAFSC) as 8J000.  However, when he tested his AFSC was still incorrectly listed as 2E171.  He brought this to the attention of the testing proctors and was told that both AFSCs used the same version of the test.  The problem was mainly due to the fact that he was under a wing position but functionally under the mission support squadron.

In support of the appeal, applicant submits Enlisted Performance Reports (EPRs) reflecting his DAFSC as 8J000, statements from the squadron commander and command chief master sergeant, Unit Manning Documents (UMDs), and a Weighted Airman Promotion System (WAPS) testing notification for cycle 02E8 listing his AFSC as 8J000.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s DAFSC history since 1993, follows:

		Effective Date		DAFSC

		10 Sep 93	2E171

		29 Sep 99	2E151

		 1 Oct 99	8J000

		 5 Feb 01	2E171

		 1 Feb 03	2E171

		30 Jun 03	2E171

EPRs rendered for the period 29 August 1998 through 28 January 2001, reflect his duty title as Superintendent, Correctional Custody and First Term Airmen’s Center (FTAC), and his DAFSC as 8J000.

Applicant’s board scores, total scores, and score required for selection are as follows:

	Cycle	Board Score	Total Score	Cutoff Score

	01E8	307.50	551.01	659.37
	02E8	337.50	589.29	664.47
	03E8	330.00	590.86	668.78
	04E8	345.00	634.21	669.05

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPAAD recommends the application be denied and states, in part, that AFPC/DPAA did not approve applicant’s release or the CAFSC change from 2E171 to 8J000.  The 8J000 program is a commander’s optional program and selection to fill funded billets is managed locally; however, the approval authority for functional release is AFPC/DPAA.  While applicant’s documentation clearly indicates he performed duties outside of his CAFSC, they have no record of authorizing his release for a Special Duty Identifier (SDI).  Even if his functional release had been approved, his PAFSC would not have changed, only his CAFSC and DAFSC.  

Although the UMD applicant provided reflects that a staff sergeant position existed, it does not justify placing a master sergeant 7-level against that position.  Further, the wing did not have any funded 8J000 authorizations from October 1999 to January 2001 and does not at this time.  According to Air Force Space Command (AFSPC), some of their Military Personnel Flights (MPFs) erroneously updated individuals to 8J000 because members were performing duty at a temporary correctional custody facility and wanted the 8J000 on their records because of the promotion opportunities.

The AFPC/DPAAD evaluation is at Exhibit C.

AFPC/DPPPWB recommends the application be denied and states, in part, that neither AFPC/DPAAD nor applicant’s Major Air Command (MAJCOM) ever approved his release from AFSC 2E171 or that his AFSC be changed to 8J000. 

The AFPC/DPPPWB evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Peterson AFB out-sourced most of the personnel assigned to AFSC 2E1X1 during the 1998/1999 timeframe and the unit he was last assigned to moved to F.E. Warren AFB.  He was then triple billeted under AFSC 2E1X1 until the command chief asked if he would take on the correctional custody facility.  AFPC/DPAAD eludes to the fact that his records were erroneously updated, disregarding or minimizing the documentation he has provided that shows his PAFSC, CAFSC, and DAFSC was 8J000 during the period in question.  He has provided evidence which demonstrates the wing had a funded slot and he was assigned to that position.  AFPC/DPAAD correctly states that his position was funded as a staff sergeant slot, but that is a funding issue, not a manpower issue.  Furthermore, in 1998, it was a master sergeant slot until the wing moved the funding for a master sergeant to the Honor Guard.  This was done to beef up the Honor Guard slot when it appeared the correctional custody facility was about to close. 

Applicant’s complete response, with attachments, is at Exhibit F.

_________________________________________________________________

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 to warrant the applicant’s supplemental consideration for promotion to the grade of senior master sergeant in Air Force Specialty Code (AFSC) 8J000 for cycle 01E8.  The applicant contends that through no fault of his own, and despite his attempts to correct his records prior to selections during cycle 01E8, he was considered for promotion to the grade of senior master sergeant in the wrong AFSC.  In support of his request, he submits Enlisted Performance Reports (EPRs) reflecting his DAFSC as 8J000, statements from the squadron commander and command chief master sergeant, Unit Manning Documents (UMDs), and a WAPS promotion testing notification for cycle 02E8 listing his AFSC as 8J000.  The evidence of record indicates that from 28 September 1999 to 5 February 2001, he performed the duties of the Superintendent of the Peterson Correctional Custody Facility in AFSC 8J000.  Although AFPC/DPAAD did not approve applicant’s release or the CAFSC change from 2E171 to 8J000, based on a preponderance of the evidence presented, a majority of the Board finds sufficient evidence that he was led to believe his release had been approved.  In view of this, and since he was performing duty in the 8J000 AFSC during the period in question, a majority of the Board recommends the applicant’s records be corrected to the extent indicated below.

_________________________________________________________________

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 senior master sergeant in Air Force Specialty Code (AFSC) 8J000 for cycle 01E8.

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 qualification for the promotion.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2004-02631 in Executive Session on 15 December 2004, under the provisions of AFI 36-2603:

By majority vote, the Board recommended to correct the record as indicated.  voted to deny the application but does not wish to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAAD, dated 15 Oct 04.
    Exhibit D.  Letter, AFPC/DPPPWB, dated 28 Oct 04.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Nov 04.
    Exhibit F.  Letter, Applicant, undated, w/atchs.

                                   

AFBCMR BC-2004-02631

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, be provided supplemental consideration for promotion to the grade of senior master sergeant in Air Force Specialty Code (AFSC) 8J000 for cycle 01E8.

	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 qualification for the promotion.