RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-03247 INDEX CODE:	131.00

COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
She be promoted to the rank of Staff Sergeant (SSgt).

APPLICANT CONTENDS THAT:
She has been denied promotion testing for many years. Peers at her level or years of service, are either technical sergeants or master sergeants.

Her rebuttals to the Letters of Reprimand (LORs), Letters of Counseling (LOCs), an Unfavorable Information File (UIF), a request to rescind the Control Roster action, referral Enlisted Performance Report (EPR), and appeal of her denial of reenlistment were all ignored.

In a previous appeal to the AFBCMR, it was directed that her Reenlistment Eligibility (RE) code of “2X,” be changed to a “3K.”

In support of her request, the applicant provided a personal statement, copies of various counseling documents with rebuttals and letters of support, her Referral EPR, with rebuttal, a performance feedback worksheet, EPR which closed out 18 Nov 05, an Appeal of Denial of Reenlistment, and memorandum of support.

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

STATEMENT OF FACTS:
Applicant entered active duty 19 Mar 97 and was progressively promoted to the rank of senior airman on 19 Mar 00 (36 months time in grade (TIG), per AFI 36-2502). She was honorably discharged on 1 Aug 07 in the rank of senior airman after serving
10 years, 4 months, and 16 days of active military service. She received an RE code of 2X—“first-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP).”

The following is a resume of the applicant’s EPR profile: PERIOD ENDING	PROMOTION RECOMMENDATION
18 Nov 98	4
18 Nov 99	3
18 Nov 00	3
18 Nov 01	4
18 Nov 02	4
18 Nov 03	4
18 Nov 04	4
18 Nov 05	3
18 Nov 06	3 (Referral)
On 10 Jul 08, the AFBCMR approved the applicant’s request to change her RE code. The facts and circumstances for this decision are as follows:

On 23 Jan 07, the applicant’s supervisor (MSgt ) initiated an AF Form 418, Selective Reenlistment Program Consideration, and non recommended her for reenlistment. The supervisor stated the applicant had demonstrated a trend of showing up late for formations, received multiple Letters of Counseling and Letters of Reprimand, her placement on a Control Roster, and she had a current Unfavorable Information File (UIF). He also stated while on the Control Roster she was written up several more times.

On 29 Jan 07, the commander (Col ) concurred and nonselected the applicant for reenlistment. The applicant acknowledged the commander’s decision on 2 Feb 07 and indicated her intent to appeal the decision. Based on the commander’s decision to deny her appeal, she was discharged and received a 2X RE code.

On 8 Mar 07, the applicant’s appeal was denied by the 59 DTG/CC (Col .) and the applicant acknowledged the appeal denial on
12 Apr 07. Col . was not the wing commander at the 59 Medical Wing and had not served in that capacity.

AFI 35-2602, Reenlistment in the USAF, states commanders have selective reenlistment or non-selection authority. Also that second-term and career airmen who will complete fewer than 16
years Total Active Federal Military Service (TAFMS) on their current ETS, appeal to their respective wing commander. Her appeal was reviewed by the group commander.

Notwithstanding the error in her RE code, the applicant’s commander denied her reenlistment based on the supervisor’s recommendation and substantiated unfavorable information.

AIR FORCE EVALUATION:
HQ AFPC/DPSOE recommends denial of the applicant’s request for an automatic promotion to staff sergeant.	DPSOE states current Air

Force policy does not allow for automatic promotion as the applicant is requesting.

Based on the applicant’s date of rank (DOR) to senior airman of
19 Mar 00, the first time she was eligible for promotion consideration to staff sergeant was cycle 01E5. She was considered and nonselected for promotion to staff sergeant for cycles 01E5 – 04E5 as her total scores did not meet the required scores for selection in her AFSC for those cycles.

She was rendered ineligible for cycle 05E5 due to being nonrecommended by her commander in Apr 05. She was ineligible for promotion consideration during cycle 06E5 due to her placement on the control roster in Mar 06, and she received a referral EPR for the period 19 Nov 05 – 18 Nov 06, rendering her ineligible for cycle 07E5.

The complete DPSOE evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 Oct 08, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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 our 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.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered.

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-2008-03247 in Executive Session on 9 Dec 08, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-03247 was considered:

Exhibit A.	DD Form 149, 15 Jul 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSOE, dated 22 Sep 08. Exhibit D.	Letter, SAF/MRBR, dated 24 Oct 08.

Panel Chair