RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01619
		INDEX CODE:  131.01
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 November 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive supplemental promotion consideration for the 07E8 cycle to senior master sergeant (E-8), with the Air Force Commendation Medal (AFCM) 3rd Oak Leaf Cluster (3OLC) citation included in his Senior NCO Selection Folder.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His AFCM (3OLC) was listed on his promotion brief but the citation was not physically present in his Senior NCO Selection Folder when his records met the 07E8 Central Evaluation Board.  He also states that several copies of the narrative citation were faxed to AFPC, but never filed in his SNCO selection folder prior to the Board.

In support of his request, applicant provides a personal statement, Enlisted WAPS Score Notice, AFCM (3OLC) citation, SNCO Evaluation Brief and official records, 07E8 Promotion Board Discrepancy List e-mail traffic; certified excerpt, Letter to AFPC/DPPPWM requesting Supplemental Consideration, AFPC/DPPPWM disapproval letter, and additional supporting documentation including a letter from his commander indicating his support for supplemental consideration.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of master sergeant (E-7), with an effective date and date of rank of 1 Jul 04.

Information extracted from applicant’s submission reveals he was awarded the AFCM (3OLC) by Special Order G-0313, dated 30 Oct 06, for outstanding achievement as Superintendent, Traffic Management Flight from 22 May 06 to 16 Sep 06.

The Senior NCO Evaluation Board for the 07E8 promotion cycle convened 5-23 Feb 07 and promotion selections were completed on 5 Mar 07.  The applicant’s board score was 367.50, his total score was 610.11 and the score required for selection in his Air Force Specialty Code (AFSC) was 616.61.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial.  DPPPWB states a review of the applicant’s selection folder reflects that the AFCM (3OLC) was updated on the SNCO Evaluation Brief and reviewed by the evaluation board (a decoration is not considered missing if the citation or order is filed in the folder, or if the decoration was listed on the brief used by the board).  The evaluation board, which convened 5 Feb 07, reviewed his record and assigned the board score with full knowledge of the decoration.  Consequently, no further consideration by an evaluation board is either appropriate or authorized.

The reasons for SNCO supplemental promotion board consideration are listed in Table 2.5 of AFI 36-2502, Airman Promotion Program, 6 Aug 02.  Prior to determining what factors would warrant supplemental promotion consideration, several evaluation board members were queried in order to determine what they felt were valid reasons to authorize supplemental promotion consideration.  Based on their recommendations, the reasons outlined in AFI    36-2502 were developed.

The policy outlined in Table 2.5 which states, “supplemental consideration is not authorized if the citation or order was filed or if the decoration was listed on the brief used by the board,” was developed through consultation with evaluation board members who determined that either update of the decoration (as shown on the promotion brief) or the actual citation filed in the SNCO selection folder was sufficient for a thorough evaluation of the record.  Thus it was determined that supplemental consideration for later update or inclusion of the citation in the SNCO selection folder should not warrant supplemental promotion consideration.

The DPPPWB evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responds stating AFI 36-2502, Table 2.5, Rule 4, does not coincide with today’s deployment operations tempo.  The rule, based upon board member recommendations, was implemented well before the beginning of the Iraqi war and does not support the present day warfighter’s achievements.  Furthermore, the only vehicle available to capture deployment specifics not identified in an EPR is the decoration citation.  Without the benefit of the actual citation, it was not possible for the board members to evaluate his front line breadth of experience, job responsibility, professional competence and significant achievements captured in the citation.  The missing citation includes active war zone leadership details and also addresses his redeployment activities with multinational forces.  Distinct successes are absolute key elements board members utilize to equitably score records against peers; however, due to the outdated rule in Table 2.5, the 07E8 board members did not have any knowledge of his deployment or accomplishments.

Applicant's complete response is at Exhibit D.

_________________________________________________________________

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 an error or injustice.  The applicant is requesting he receive supplemental promotion consideration for promotion cycle 07E8 with inclusion of the citation for the AFCM (3OLC) in his selection folder.  Notwithstanding the Air Force's policy that supplemental consideration is not authorized as long as a particular medal is annotated on the selection brief, we believe an injustice exists in this case warranting an exception to the policy.  In this respect, it is a well known fact that the Air Force holds each member responsible for ensuring his/her own selection records being considered for promotion are current and up-to-date.  Data verification briefs are made available to enlisted members 120 days prior to the start of each promotion cycle.  In this particular case, the AFCM (3OLC) was approved subsequent to the date data verification briefs were made available and since he had not been officially awarded the medal he was not aware of its existence.  Consequently, we believe he was placed at a disadvantage and was denied an opportunity to ensure his record was correct prior to the convening of the board.  According to the evidence presented, on 6 Dec 06, the Air Force Personnel Center sent notification to the applicant's unit indicating that the citation for the AFCM (3OLC) was missing from his selection folder.  The unit responded the following day and faxed a copy of the citation for inclusion in his records.  Apparently, for unknown reasons, the citation did not make it into his selection folder and he was considered and not selected for promotion with the incomplete record.  In our opinion, the applicant makes a compelling argument as to the significance of the information contained in the citation and we believe whether or not this information is significant enough to alter his selection status is a matter which should be placed before a duly constituted supplemental selection board.  In view of the above, we recommend his 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 corrected to show that the citation for the Air Force Commendation Medal (AFCM), Third Oak Leaf Cluster (3OLC), for the period 22 May 2006 through 16 September 2006, was accepted for file in his Senior NCO Selection Folder on 7 December 2006.

It is further recommended that he be provided supplemental consideration for promotion to the grade of senior master sergeant for promotion cycle 07E8 with the corrected record.  

If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that applicant was promoted to the higher grade on the date of rank established by the supplemental promotion and that applicant is entitled to all pay, allowances, and benefits of such grade as of that date.

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 AFBCMR Docket Number BC-2007-01619 in Executive Session on 1 August 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number BC‑2007-01619 was considered:

    Exhibit A.  DD Form 149, dated 16 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 31 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.
    Exhibit E.  Letter, Applicant, dated 21 Jun 07.