RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02531
		INDEX CODE:  111.01
		COUNSEL:  NO
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  She be promoted to the rank of master sergeant (MSgt) effective 1 April 2006, with back pay and allowances.

2.  She be retired in the grade of MSgt, rather than technical sergeant (TSgt).

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APPLICANT CONTENDS THAT:

She was unable to attend Professional Military Education (PME) for reasons beyond her control.  Her request for a waiver of the PME requirement was not sent to the major command (MAJCOM) for approval/disapproval.  

In support of her request, applicant provided personal statements, letters of recommendation, email communiqués, AF Forms 910, Enlisted Performance Report (AB – Thru TSGT); and various other documents extracted from her medical and personnel records. 

Her 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 that the applicant enlisted in the Air Force on 2 February 1987. 

The applicant was tentatively selected for promotion to MSgt during cycle 05E7.  She received promotion sequence number 4547.0, which incremented on 1 April 2006.  Since she had not attended the Noncommissioned Officer Academy (NCOA) prior to her pin-on date, her promotion was placed in a withhold status.  AFI 36-2502, Airman Promotion Program, states airmen selected for promotion to staff sergeant (SSgt), MSgt, or chief master sergeant (CMSgt) must complete in-residence PME before assuming these grades.  The MILPDS automatically withholds promotion for those who do not complete the appropriate PME prior to the promotion effective date.  She was unable to attend the NCOA due to a medical profile that limited her to working six hours a day.  When her application for retirement was approved, her promotion to MSgt was cancelled in accordance with AFI 36–2502.

On 31 July 2007, the applicant retired in the grade of TSgt after serving 20 years and 6 months on active duty,

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial.  DPSOE states wing commanders (WG/CC) or equivalents are granted authority to waive PME for promotion to SSgt, MSgt and CMSgt for personnel who cannot complete training prior to their pin on date.  The WG/CC is also the disapproval authority for PME waivers.  Enlisted personnel designated for Airman Leadership School (ALS) attendance may be delayed for medical, mission related, or personal hardship conditions without prejudice upon approval of the individual’s commander.  WG/CC’s approve similar delays for NCOA attendance and MAJCOM commanders approve Air Force Senior NCO Academy (AFSNCOA) delays.  In all cases in-resident attendance remains mandatory for enlisted personnel as outlined in AFI 36-2301, Professional Military Education.  In regards to the PME waiver, the applicant is under the misconception that her MAJCOM commander could have waived her PME attendance altogether.  This is simply not true nor would it be fair or equitable to her peers who have had to complete mandatory training prior to their promotion.

The complete DPSOE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating her health began to deteriorate in October 2005.  She was placed on a profile and did not make any progress after a year.  She decided to retire believing it was in the best interest of the Air Force.  The advisory implies she should have stayed on active duty and waited out her health issues.  She did not believe that constituted service before self and finds the advisory recommendations ludicrous and unbelievable.  As stated in her previous letter and documented in the attached report, she underwent back surgery twice.  When she left active duty her health continued to deteriorate.  She was in pain and unable to walk for several days.  She took oral steroids and shots in her back that did not help.  From March to May 2008, she was unable to leave home, stand or sit for prolonged periods.  She was limited to laying down much of the time.  If she was on active duty she would have missed many days of work and been placed on convalescent leave after surgery.  Her medical issues would have affected the mission and she still would not have been eligible for the NCOA and promotion to MSgt.  She provided a list of her accomplishments and states she is being punished because the right questions were not asked and her injuries were not sustained during a deployment.  She wanted to attend the NCOA to be promoted; unfortunately, she did not see a way to continue and did the best thing for herself and the Air Force. 

Her complete response, with attachments, is at Exhibit E.

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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 an error or injustice.  The applicant requests that she be promoted to and retired in the grade of MSgt, contending that her request for a waiver of the requirement to attend PME prior to assuming the grade was not properly processed.  We thoroughly reviewed the evidence of record along with the applicant’s complete submission in judging the merits of this case.  However, other than her own uncorroborated assertions, we find no evidence which would lead us to believe that her request for a waiver of the PME requirements was not given appropriate consideration.  Furthermore, had the request for a waiver been approved, which would have been no more than a deferment requiring completion of PME within 179 days of pin-on, she would also have had to serve a two-year active duty service commitment in order to retire in that grade.  However, in spite of the Physical Evaluation Board's determination that her medical condition did not prevent her from reasonably performing her duties, she voluntarily elected to retire.  Accordingly, it is our opinion that the applicant has failed to sustain her burden of proof of the existence of an error in this case, and we are not persuaded by her contentions that she has been the victim of an injustice.  Therefore, absent persuasive 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 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 the application.
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The following members of the Board considered AFBCMR Docket Number BC-2008-02531 in Executive Session on 23 October 2008 under the provisions of AFI 36-2603:

			Chair
			Member
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02531 was considered:

  Exhibit A.  DD Form 149, dated 23 June 2008, w/atchs.
  Exhibit B.  Available Master Military Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOE, dated 22 August 2008.
  Exhibit D.  Letter, SAF/MRBR, dated 5 September 2008.
  Exhibit E.  Letter, Applicant, 18 September 2008, w/atchs.

                                   
                                   Chair