RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02311
		INDEX CODE:  131.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her effective date of promotion to Staff Sergeant (SSgt) (23 Jul 04) be corrected to reflect her date of rank (DOR) (1 Nov 01) with retroactive promotion pay.

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APPLICANT CONTENDS THAT:

Prior to her selection for promotion, she was selected for a Special Duty Assignment with a report no later than date (RNLTD) of 31 Oct 01.  She was informed by her first sergeant that she would attend Airman Leadership School (ALS) after she arrived to her next assignment.  In Jan 01, her supervisors attempted to send her to ALS; however, she was in her third trimester of pregnancy and the schools would not accept her.

In Oct 01, she was reassigned and given eight days Permissive Temporary Duty (PTDY) for house hunting.  On her first day back from leave, she was asked if she could attend ALS the following week; however, her household goods were being delivered on that date.  In addition, she was a single parent and could not make child care arrangements in time to attend class.

In Nov 01, she was assigned duties outside her career field.  Between Dec 01 and Jan 02, she attempted to weigh-in prior to attending ALS.  She was 2 percent over her maximum body fat percentage; however, a WMP folder was not established.  In Mar 02, ALS students were no longer required to weigh-in prior to attending class.  Between Apr-Jul 02, there was no mention of her attending ALS.  

In Dec 02, she received a permanent change of station (PCS) assignment.  In Mar 03, her current supervisor checked on ALS class dates.  In Aug 03, there was still no mention of her attending ALS and two years had passed since her promotion selection.  Although she was told she was next to attend, two FY 04 promotion selectees were selected for ALS instead.  

She finally attended ALS in Jun 04.  She graduated on 23 Jul 04 and pinned on SSgt that same day.  She was instructed on how to change DOR and pay date in the military pay system (MilPDS).  She was able to change her DOR but not her pay date.  She had full support and a recommendation for approval for receipt of back pay from her commander; however, her request was denied without explanation.  

She struggled as a single parent of two small children living in a high cost area due to lost pay and missed several promotion opportunities to TSgt from Nov 01 through Jul 04.  She has the support of her current leadership because of her willingness to serve with the right attitude.  She is proud to serve in the Air Force and will continue to do so.

In support of the application, the applicant submits copies of an electronic mail transmission, a retroactive promotion case management system information form, a support memorandum from her commander with time line of events, ALS memorandums, AF IMT Form 2096, On-the-Job Training Action Form, and AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve.

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 indicates the applicant is currently serving on active duty in the grade of staff sergeant effective and with a DOR of 1 Nov 01.  

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

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AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends denial.  DPSOE states an individual's promotion can/will be placed on hold either automatically or by the commander for reasons listed in AFI 36-2502, Table 1.2.  When the condition for which the promotion was placed on hold no longer exists, the hold is released with an effective date equal to the date the commander recommends promotion.  Individuals can then request an effective date retroactive to their original DOR.  These requests are considered and decided upon by the Chief, Enlisted Promotions at AFPC on a case-by-case basis depending on the reason for the hold.  The majority of promotion holds are for noncompletion of required Professional Military Education (PME) prior to their DOR for reasons not within their control and are usually approved a retroactive effective date.  However, those individuals who did not complete PME for reasons within their control are not approved a retroactive effective date.

DPSOE states the applicant had an opportunity to attend ALS just prior to her projected pin on date but chose not to attend due to her household goods being scheduled for delivery on the class start date.  DPSOE opines based on the new fitness standards, the applicant could have been recommended for promotion (had she completed ALS as of 30 Jan 04); however, she would not have been eligible for a retroactive effective date.

The complete DPSOE evaluation is at Exhibit B.

HQ AFPC/DPSI recommends denial of the portion of the applicant's request pertaining to the Weight and Body Fat Management Program (WBFMP).  DPSI states the WBFMP instruction states that commanders will ensure the administration of the program for all assigned personnel.  In Mar 03, the applicant was placed on a medical deferment.  In Oct 03, she was placed back into the 3-month observation period.  In Jan 04, the new Fitness Improvement Program was released and the applicant tested and failed.  

The complete DPSI evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 18 Jan 08 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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 an error or injustice.  After a complete review of the evidence in this case, we believe that the applicant was the victim of several events that affected her ability to attend LAS and that these events were sufficiently outside of her control as to merit relief.  We noted her pregnancy, single-motherhood, and delivery of household goods as a few of the obstacles to her attending ALS at various times.  Other challenges to her attendance included several inopportune changes of assignment both permanent and temporary.  We further note the applicant's current commander supports her request.  He indicates that because the applicant was stationed at a geographically separated unit and not an Air force installation, that she may have received less than priority consideration for her promotion status and that she should have been authorized to attend ALS at an earlier date.  As a result we believe that reasonable doubt has been established as to the handling of the applicant's case.  Accordingly, we believe that any doubt should be resolved in the applicant’s favor.  Therefore, in the interest of justice 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 she was promoted to the grade of staff sergeant with a promotion effective date of 1 November 2001

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The following members of the Board considered AFBCMR BC-2007-02311 in Executive Session on 19 Mar 08, 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 15 Jul 07, w/atchs. 
    Exhibit B.  Letter, HQ AFPC/DPSOE, dated 24 Aug 07.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jan 08.