RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04010
		INDEX CODE:  
		COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His retired rank of Technical Sergeant (TSgt) be changed to Master Sergeant (MSgt) and he receive pay and retired pay, retroactively.

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APPLICANT CONTENDS THAT:

He tested out of cycle in 2006 and missed a promotion to MSgt by seven points.  In Aug 06, the Board directed the removal of a referral Enlisted Performance Report (EPR).  His remaining reports were overall five ratings.  He would have been promoted; however, the referral EPR was not removed from his record until after he retired.

In support of the application, the applicant submits a copy of a letter from the Air Force Board for Correction of Military Records (AFBCMR).

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

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STATEMENT OF FACTS:

On 31 May 06, the applicant was honorably retired in the grade of TSgt.  He had served 21 years, 5 months and 26 days on active duty.  

On 8 Jun 06, the Board approved the applicant's request for his EPR rendered for the period 24 Aug 04 through 1 Jul 05 be removed from his records (Exhibit B).

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

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AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends denial.  DPSOE states the applicant was considered and nonselected for promotion to MSgt during cycle 05E7.  His total score was 328.04, his EPR score was 135.00, and the score required for selection in his AFSC was 335.21.  

DPSOE states the removal of the 1 Jul 05 EPR did not affect the applicant's score for cycle 05E7 as it did not meet the promotion eligibility cutoff date (PECD) requirement for that cycle (31 Dec 04), and was therefore never considered in the promotion process.

The complete DPSOE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29 Feb 05 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR BC-2007-04010 in Executive Session on 29 Apr 08 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 02 Dec 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOE, dated 14 Feb 08.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Feb 08.