RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02382 INDEX CODE:	128.05
XXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His	promotion	date	to	master	sergeant	(MSgt)	be	changed	from
1 Jan	94	to	13	Oct	89	and	he	be	promoted	to	senior	master sergeant (SMSgt) as of 12 Oct 92.

APPLICANT CONTENDS THAT:
He was denied promotion to master sergeant under the Stripes for Exceptional Performers (STEP) program due to suspicion of his involvement of an arson fire. He was denied the opportunity to compete for promotion to SMSgt. Due to his outspoken and adamant defense for the prime suspect, he also became a suspect in the OSI investigation. After nearly a year of being investigated, he along with the prime suspect, was cleared of the arson.

In support of his request, the applicant provides a copy of his letter to his Congressional member, copies of character reference letters, a copy of his DD Form 214, copies of his Enlisted Evaluation Reports (EPRs) for the period beginning 2 Apr 85 and ending 29 Nov 93 and various other documents extracted from his Military Personnel Record.

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

STATEMENT OF FACTS:
On 31 Jan 95, the applicant was relieved from active duty and was retired in the grade of MSgt effective 1 Feb 95. The applicant was credited with 20 years, 2 months and 19 days of total active service for basic pay and 20 years and 24 days of active service for retirement.

An Office of Special Investigations (OSI) Report of Inquiry, dated 13 Apr 89, indicates an OSI inquiry was initiated on 28 Jan 88, based on information that a fire of a suspicious origin occurred at the billeting facility, Ellsworth AFB, SD. During the witness interview portion of the investigation, the applicant provided an account of events that had occurred prior to the

arson fire. The OSI inquiry determined the prints found at the crime scene did not match those of the subject and closed the case.

AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial. DPSOE states that the STEP program authorizes commanders of Major Air Commands and Separate Operating Agencies to select and promote a limited number of outstanding performers to the grade of SSgt through MSgt. STEP promotions complement the WAPS for the middle grades and are designed to accommodate unique and unusual circumstances which, in the commander's judgement, clearly warrant promotion. DPSOE states that based on the applicant's date of rank (DOR) to technical sergeant of 1 Oct 88, the first time he was considered for promotion to MSgt through the Weighted Airman Promotion System (WAPS) was cycle 92A7. He was nonselected for promotion during cycles 92A7 and 93A7, but was rendered a select during cycle 94A7 with a DOR of 1 Jan 94. Based on the applicant's DOR to MSgt of 1 Jan 94, the first time he would have been eligible for promotion consideration to SMSgt would have been cycle 96E8 - more than a year after his retirement. The DPSOE complete evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on
26 Sep 08, for review and comment within 30 days.	As of this date, this office has received no response.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility. While his case file reflects a nomination for a STEP promotion to master sergeant, it in no way guaranteed his selection. The nomination package is a nomination only;  the  STEP  promotion  selection  process  is  intensely
1.	
competitive and nonselection normally cannot be attributed to any single factor. Based on the preceding, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Since we have determined that a change to his promotion date to master sergeant is not appropriate, promotion to senior master sergeant is not possible. Accordingly, we find no basis upon which to favorably consider his request.

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.

The following members of the Board considered Docket Number BC- 2008-02382 in Executive Session on 29 Jan 09, under the provisions of AFI 36-2603:
Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-02382 was considered:

Exhibit A.	DD Form 149, dated 18 Jun 08, w/atchs. Exhibit B.	Letter, AFPC/DPSOE, dated 3 Sep 08.
Exhibit C.	Letter, SAF/MRBR, dated 26 Sep 08.
Exhibit D.	AFOSI Report of Inquiry, dated 13 Apr 89 (withdrawn).