RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-03901
		INDEX NUMBER: 131.00

XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Jun 06

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APPLICANT REQUESTS THAT:

His dates of rank (DORs) to the grades of airman (E-2) and airman first class (E-3) be changed to 1 September 2002 and 30 July 2003, respectively.

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THE APPLICANT CONTENDS THAT:

The letter which nonrecommended him for promotion to the grade of airman was unclear, untimely, and was written by the acting commander, i.e., squadron section commander, without proper authority.

In support of the appeal, applicant submits a copy of the Article 15 imposed on 1 March 2002, the nonrecommendation for promotion letter, copies of two Enlisted Performance Reports (EPRs), promotion recommendations to the grades of airman and airman first class, and a letter of recommendation from his current commander.

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

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 6 February 2001, for a period of six years.  He was progressively promoted to the grade of airman first class.  On 1 March 2002, the commander imposed nonjudicial punishment against him under Article 15 of the Uniform Code of Military Justice (UCMJ) for consuming alcohol while under the age of 21 and operating a vehicle while drunk.  The punishment consisted of a reduction to the grade of airman basic (E-1), with a new DOR of 1 March 2002 and 30 days of correctional custody.  On 3 September 2002, his commander nonrecommended him for promotion to the grade of airman which was to be effective on 1 September 2002.  The commander indicated her basis for the action was the applicant’s receipt of an Article 15.  He received a referral EPR, closing 5 October 2002.  He received a nonreferral EPR, closing 30 July 2003.  On 30 March 2004, the commander recommended him for promotion to the grade of airman and airman first class, effective 1 September 2002 and 30 July 2003, respectively.  He was retroactively promoted to the grade of airman on 30 July 2003.  He was promoted to the grade of airman first class on 30 May 2004.

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AIR FORCE EVALUATIONS:

AFPC/DPPPWB recommends the application be denied and states, in part, that although the wording in the nonrecommendation for promotion letter may have been misleading, the commander never gave written recommendation for promotion to the grade of airman to be effective 1 September 2002.  While he met the time in grade requirements for promotion to the grade of airman on 1 September 2002, he did not receive a written recommendation for promotion from the commander.  In addition, an airman is ineligible for promotion if they have a referral EPR or an overall rating of “2” on the top EPR and do not again become promotion eligible until they receive an EPR with an overall rating of “3” or higher that is not a referral report.

The AFPC/DPPPWB evaluation, with attachment, is at Exhibit C.

AFPC/JA recommends the application be granted and states, in part, that an improper basis, i.e., the Article 15, was used to withhold his promotion to the grade of airman on 1 September 2002.  Further, he had not received the referral EPR until after his promotion would have been effective.

The AFPC/JA evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Applicant agrees with the findings and recommendations contained in the AFPC/JA evaluation.

Applicant’s complete response 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.  The Staff Judge Advocate (AFPC/JA) recommends the requested relief be granted since an improper basis, i.e., the Article 15, was used to withhold the applicant’s promotion to the grade of airman on 1 September 2002.  AFPC/JA also notes the applicant had not received the referral EPR until after his promotion would have been effective.  In view of the above, and given the commander’s support of this request, we recommend the applicant’s records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to XXXXX be corrected to show that:

a.	He was promoted to the grade of airman, effective and with a date of rank of 1 September 2002, rather than 30 July 2003.

b.	He was promoted to the grade of airman first class, effective and with a date of rank of 30 July 2003, rather than 30 May 2004.

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The following members of the Board considered Docket Number BC-2004-03901 in Executive Session on 20 April 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 16 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 13 Jan 05, w/atch.
    Exhibit D.  Letter, AFPC/JA, dated 28 Feb 05.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Mar 05.
    Exhibit F.  Memo, Applicant, dated 9 Mar 05.

                                   

AFBCMR BC-2004-03901

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 XXXXXX, XXX-XX-XXXX, be corrected to show that:

	a.	He was promoted to the grade of airman, effective and with a date of rank of 1 September 2002, rather than 30 July 2003.

	b.	He was promoted to the grade of airman first class, effective and with a date of rank of 30 July 2003, rather than 30 May 2004.