RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03904 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show he was promoted to the grade of master sergeant (E-7), effective 4 Aug 07. ________________________________________________________________ APPLICANT CONTENDS THAT: Reserve Order P-049, dated 4 Aug 07, indicates that he was supposed to be promoted to master sergeant (E-7), effective 1 Aug 07. He did not receive a copy of the order until he was out processing for retirement. The commander signed the order, making the promotion official. As such, he should have been promoted. At the time of his retirement, he was told there were too many E-7s in his section and the Unit Manning Document (UMD) could not be changed to promote him. However, UMD changes like that were accomplished in other work sections to promote members. In support of his appeal, the applicant provides a copy of Reserve Order P-049. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air Force Reserve during the matter under review. According to information provided by the applicant, special order P-049, dated 4 Aug 07, the applicant was promoted to the grade of master sergeant (E-7), effective and with a date of rank of 1 Aug 07. However, according to information extracted from the Military Personnel Data System (MilPDS), the promotion to master sergeant was never effected. On 26 Jul 10, the portion of Reserve Order P-049 related to the applicant’s promotion was revoked by virtue of special order P-0204. On 30 Jul 10, the applicant retired from the Air Force Reserve in the grade of technical sergeant (E-6). ________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/A1K recommends denial, indicating there is no evidence of an error or injustice. The Reserve Order promoting the applicant was processed in error, and revoked on 26 Jul 10. The Air Force Reserve enlisted members are promoted IAW Air Force Policy Directive 36-25, Military Promotion and Demotion, and Air Force Reserve Enlisted Promotion Policy. Members are recommended by the assigned supervisor and approved by the promotion authority (Commander). It is solely at the discretion of the assigned supervisor/designee to recommend promotion to the promotion authority when an individual has met the promotion eligibility requirements for promotion to the next higher grade. Because of the Reserve Order that appears to promote the applicant, the Command consulted with his former servicing Force Support Squadron (FSS), who advised the promotion order in question was processed in error. Based on the erroneous orders, the serving FSS published orders (P-0204, dated 26 Jul 10) revoking the original promotion orders and provided AFRC/A1KP a copy. Order P-0204 establishes the Command’s basis for disapproval of the applicant’s request. A complete copy of the AFRC/A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 Dec 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. The applicant contends that he should have been promoted to master sergeant based upon published promotion orders, which directed his promotion to the grade of master sergeant (E-7), effective 1 Aug 07. After a thorough review of the evidence of record and the applicant’s complete submission, we believe a preponderance of the evidence supports corrective action. While we note the comments of HQ AFRC/A1K stating the original promotion order was erroneous, we find it just as likely the error occurred when the unit failed to effect the applicant’s promotion in the face of said order which, in our view, was published by competent authority and represents the commander’s view at the time of the applicant’s qualifications for promotion to the higher grade. In view of this and noting the fact the order remained in the applicant’s record unchallenged for nearly three years, we find it appropriate to resolve any doubt in his favor and recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was promoted to the grade of master sergeant (E-7), effective and with a date of rank of 1 August 2007, and that he was retired from the Air Force Reserve in that grade on 30 Jul 10. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03904 in Executive Session on 24 Apr 12, 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 27 Sep 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFRC/A1K, dated 23 Nov 11, w/atch. Exhibit D. Letter, SAF/MRBR, dated 2 Dec 11.