RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01409
		INDEX CODE:  131.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  7 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His selection for promotion to the grade of senior master sergeant (SMSgt) be reinstated with all back pay and allowances.

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APPLICANT CONTENDS THAT:

In Jan 07, he had reviewed his records via the Virtual Military Personnel Flight (VMPF) web-based system and his AFSC was correctly listed as 8F000.  

On 13 Mar 07, he was notified of selection for promotion to SMSgt.  On 14 Mar 07, he reviewed his Enlisted Promotion Information on the Air Force Portal to verify the results of his Weighted Airman Promotions (WAPS) record and discovered that he had been promoted under his previous Air Force Specialty Code (AFSC) of 2A6X0 (Aircraft Maintenance).  He was then notified that he was considered ineligible for promotion because his records had been sent to compete in his previous AFSC.

The effective date of his primary AFSC (F8000) was 11 Sep 06 which was prior to the promotion eligibility cut off date (PECD) of 30 Sep 06.  He was informed that his AFSC had been inadvertently changed from the correct and current one (8F000) to the incorrect and former one (2A6X0).

In support of the application, the applicant submits his personal statement, copies of memorandums for record, copies of e-mail traffic, copies of personal info from VMPF, and copies of verification briefs.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant’s total active federal military service date as 20 Jan 94.  He was progressively promoted to the grade of Master Sergeant effective and with a date of rank (DOR) of 1 Jul 05.  While serving in AFSC 2A6X0, he was approved for special duty assignment as a First Sergeant.  He departed his previous duty assignment to attend First Sergeant Academy (FSA) on 11 Sep 06.  

The PECD for the 07E8 cycle was 30 Sep 06.  He was considered and tentatively selected for promotion to SMSgt during cycle 07E8, in CAFSC 2A6X0, and received promotion line number 1277.  During data verification, it was discovered his records were scored in the wrong CAFSC.  As a result, his promotion was deemed erroneous and his line number was removed.

His effective date of duty as a First Sergeant is 2 Oct 06.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C & D.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial.  DPPPWB states members compete for promotion in the CAFSC they hold at the PECD.  IAW AFI 36-2101, Classifying Military Personnel (Officer and Enlisted), Table 3.9, Note 2, CAFSC effective date (for retraining through a formal school {including special duty}) is the date departed current duty station PCS, PCA.  The applicant departed 11 Sep 06 to attend the First Sergeant Academy (FSA).

DPPPWB states promotion selections are “tentative’ until data verification is complete.  There are no provisions for a person who has been erroneously selected to retain the promotion based solely on notification.  Since promotions are based on limited quotas, allowing retention of an erroneous promotion precludes promotion of another who has legitimately earned it.  However, supplemental promotion consideration is afforded to members whose records were in error during the Central Selection Board process.  The applicant will therefore be considered supplementally in the correct AFSC (8F0000) by the July 2007 Supplemental Board.  This action is fair and consistent with how we treat members in similar situations.

The complete DPPPWB evaluation is at Exhibit C.

HQ AFPC/JA defers the decision to the Board.  JA states to obtain relief the applicant must show by a preponderance of the evidence that some error or injustice exists warranting corrective action by the Board.  Although not articulating it as such, the applicant effectively argues that he suffered an injustice when his tentative selection for promotion was revoked and he was referred to a supplemental promotion board.  Injustices have long been defined in the BCMR context as treatment by military authorities “that shocks the sense of justice, but is not technically illegal.”  While a legal error did not occur in this case when the mandatory records review revealed the applicant’s tentative selection for promotion was in the incorrect career field, we believe one could conclude that removing his line number rises to the level of an injustice meriting relief.

JA notes that AFI 36-2101, Classifying Military personnel (Officer and Enlisted) presently conflicts with AFI 36-2113, The First Sergeant, on the issue of when First Sergeant CAFSCs are awarded.  Specifically, the First Sergeant instruction states the “CAFSC SDI [special duty identifier] 8F000 is awarded upon graduation from the FSA.”  HQ AFPC/DPPAC previously advised the AFBCMR in cases similar to the present one that it recognizes the divergence between these two AFIs with regard to the CAFSC date for First Sergeants and is in the process of taking steps to modify AFI 36-2113 so that it conforms to AFI 36-2101.

The complete JA evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 24 Jun 07, the applicant states supplemental promotion consideration creates two injustices.  1)  His records will not be scored by the same promotion board members as the rest of his promotion eligible peers; and 2)  under the supplemental promotion process, he will never receive a promotion board score.  The process denies him the right to have the feedback of knowing what his promotion board score would have been and knowing where he stands amongst his promotion eligible peers.

His records were reviewed at least five times during the promotion board process, and none of the responsible offices noticed that his records were going before the wrong promotion board.  

His promotion was published in the Air Force Times newspaper, on the AFPC website, and he received numerous congratulations in person and via e-mail.  He has had to explain the error of why his promotion was removed to everyone that has congratulated him.  He took all the necessary actions to prevent this from happening and should not be punished.

The applicant’s complete response, with attachments, 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 an injustice.  We note AFPC/JA’s explanation regarding the conflicting guidance in Air Force Instructions 36-2101, Classifying Military Personnel, and 36-2113, The First Sergeant.  We further note that they believe that one could conclude from the circumstances leading to removal of the applicant’s line number that he was the victim of an injustice.  We agree and to preclude the possibility of an injustice, we believe any doubt should be resolved in favor of the applicant.  Therefore, we 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 selected for promotion to the grade of senior master sergeant during promotion cycle 07E8 and assigned promotion sequence number 1277.

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The following members of the Board considered this application in Executive Session on 11 July 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in AFBCMR BC-2007-01409:

    Exhibit A.  DD Form 149, dated 29 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 29 May 07.
    Exhibit D.  Letter, HQ AFPC/JA, dated 13 Jun 07.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Jun 07.
    Exhibit F.  Letter, Applicant, dated 24 Jun 07, w/atchs.