RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-03785 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be considered for promotion to Technical Sergeant (TSgt) during cycle 14E6 in Control Air Force Specialty Code (CAFSC) 3E2X1 (Pavements and Construction).

APPLICANT CONTENDS THAT:
He was miscounseled regarding the CAFSC for which he would be competing for promotion to TSgt during cycle 14E6. The miscounseling he re cei ve d f ro m  t he  F or ce  Su pp o rt Squ ad r on (F S S) resulted in his being at a competitive disadvantage with his peers due to studying his Career Development Courses (CDCs) in preparation for the Specialty Knowledge Test (SKT). If he had known he was testing PDG (Professional Development Guide) only he wouldn’t have studied the SKT.

According to the detailed timeline provided below by the applicant, he was selected to retrain into AFSC 8H000 (Airman Dormitory Leader) in June 13. He attended and completed Unaccompanied Housing Management Course through the Air Force Institute of Technology 12 – 16 Aug 13.

On 6 Sep 13, he completed his first duty day as an Airman Dormitory Leader.

On 23 Sep 13, he was then selected for the 423rd Airman Dormitory Leader position.

On 13 Nov 13, he received an email from his superintendent asking him to complete his Date Estimated Return from Over Seas (DEROS) rip to extend for one year to get the retainability for the position.

On 13 Dec 13, he received an email from the 423 FSS stating that his Airman Dormitory Leader application has been approved by the Air Force Personnel Center (AFPC).

On 10 Jan 14, he signed his AF Form 1566, WAPS (Weighted Airman and Promotion System) Verification. The applicant inquired at this time as to what AFSC he would be testing in since he was already in the duties of AFSC 8H000. He was told by personnelists that he had to be out of his career field for a year in order to be eligible for an SKT exemption. He then checked the box on the AF IMT 1566 that stated he was not eligible for an SKT exemption and signed the form.

On 12 Feb 14, he took his WAPS test on both the SKT and PDG in the AFSC of 3E2X1.

On 14 May 14, his CAFSC was updated to 8H000 in the Military Personnel Data System (MilPDS), the effective date for this update was backdated to 19 Dec 13. This action was three months after he had already WAPS tested. The new AFSC (8H000) was prior to his Promotion Eligibility Cutoff Date (PECD), and this in turn made the applicant SKT exempt from the SKT portion of his WAPS test, even though he had tested SKT it was now not relevant in the promotion consideration.

On 26 Jun 14, 14E6 testing results were released. He was not selected for promotion to TSgt. At this time he noticed the SKT portion of the test had not been scored. He informed his First Sergeant and Squadron Commander. An initial call was made to the base WAPS testing center to inquire as to the reason he had not been scored in the SKT portion of his WAPS test. He was informed that since his new AFSC (8H000) had been updated and backdated to be effective 19 Dec 13 it would not be scored.

On 6 Aug 14, his AF Form 2096,  Classification/On-The-Job Training Action was signed by his commander. This was almost a year after he had become an Airman Dormitory Leader.

On 27 Aug 14, after several attempts to resolve his situation with AFPC, without success, he went to the Inspector General (IG). He was informed he should detail in chronological order the events as they took place and seek resolution with the Air Force Board for Corrections of Military Records (AFBCMR).

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

STATEMENT OF FACTS:
The applicant is currently serving in the grade of E-5 (SSgt) in the Regular Air Force.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating there is no evidence of an error or an injustice. As with any individual who tests in the incorrect CAFSC, current policies and procedures were followed to ensure the applicant was ultimately considered for promotion in the correct CAFSC. Members compete for promotion in the CAFSC they hold as of the promotion eligibility cutoff date (PECD).  The PECD for the cycle 14E6 was 31 Dec 13.   On
19 Dec 13, AFPC approved the applicant's assignment as the Airman Dorm Leader (CAFSC 8HOOO). In the chronological order of events that the applicant submitted, he states that he actually started duties as an 8HOOO on 6 Sep 13. Since the 8HOOO update had not been made by his servicing MPS to the Military Personnel Data System (MilPDS), the applicant's data verification record (DVR), WAPS Test Verification (AF  IMT 1566), and the WAPS file all showed that he was  being considered in CAFSC 3E2Xl (his previous duty assignment). The applicant tested PFE and SKT in CAFSC 3E2Xl on 12 Feb 14. When his MPS updated CAFSC 8HOOO effective 19 Dec 13, MilPDS on
14 May 14 (prior to selects being run 9 Jun 14), the applicant was considered and nonselected for promotion in his correct CAFSC (8HOOO). His SKT was not scored as CAFSC 8HOOO is SKT exempt.

The applicant states that he was miscounseled by his FSS that he would be taking both the Promotion Fitness Examination (PFE) and the Specialty Knowledge Test (SKT) for cycle 14E6 in CAFSC 3E2Xl. However, the applicant knew he had been approved for reassignment to CAFSC 8HOOO in Dec 13 yet never elevated his concerns to the OPR for enlisted promotions and testing (AFPC/DPSOE). The applicant would have been studying for both the PFE and SKT in his previous CAFSC until he was approved reassignment into the 8HOOO CAFSC.

Had his AF IMT 1566 been correct when he signed for his test date, he would have only been studying his PFE exclusively for
32 days. There is no way of knowing whether that would have made a difference in his selection status.

It is ultimately the applicant's responsibility to know his eligibility status, the study references required, how he will be considered (with both the PFE and SKT or the PFE only), and when he will test. These factors are a critical part of the promotion process. All eligibles are instructed to verify their CAFSC and the testing requirements for that CAFSC in the Enlisted Promotions References and Requirements  Catalog (EPRRC). It is imperative all CAFSCs are verified prior to testing. If there is not a PCS, PCA or formal training, the CAFSC will be changed when assigned duty.

For informational purposes only, the applicant's SKT was scored and applied to his PFE as well as his four other weighted

factors,	and	determined	he	would have	been	a	select	had	the applicant been considered in his previous CAFSC.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response, the applicant states he was not aware he was able to contact AFPC/DPSOE himself. Addressing his concerns to the personnelists who worked as the Force Support Squadron about the timely update of his CAFSC should have been sufficient. He studied the material he was required to at the time both PFE and SKT materials because he had been told by the FSS he was not SKT exempt.

He was assigned to his previous AFSC (3E2X1) when he signed his AF IMT 1566, studied all reference material relevant to the 3E2X1 AFSC and completed both tests.

He also supplied a letter from the 423 FSS/CC regarding the promotion testing issue that occurred due to being miscounseled by members of the FSS.

A complete copy of the applicant’s response, with attachments, is at Exhibit E.

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. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice. While we note the comments of  AFPC/DPSOE indicating that relief should be denied because there are no provisions that would allow an individual to compete for promotion in an AFSC to which they were not assigned, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note when the applicant signed for his test date on 10 Jan 14, his data verification record (DVR), AF Form 1566, Weighted Airman and Promotion System (WAPS) verification indicated he was being considered in his previous duty assignment. Additionally, he was told he had to be out of his career field for a year in order to be eligible for a Specialty Knowledge Test (SKT) exemption. Compounding the issues, the applicant's new assignment as the Airman Dorm Leader, was not updated in the
1.	

Military Personnel Data System (MilPDS), until 12 May 14, but the assignment date was backdated to 19 Dec 13 . Even though he tested in his previous career field, as was indicated in MilPDS when he signed for his test, because of the backdated December date, the applicant was considered and non-selected for promotion in his new career field.   We are persuaded the erroneous information given on
10 Jan 14 and the delayed update of the applicant’s new assignment deprived him of necessary information in order to properly consider his test preparation options. It is significant in this case that the applicant relied, to his detriment, on the representations of the Force Support Squadron (FSS) personnel as detailed in the memorandum from the FSS commander describing the issues that occurred in the promotion testing process for the applicant. Therefore, based on the total circumstances of his case, we recommend the applicant’s 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 be provided supplemental promotion consideration to Technical Sergeant (TSgt) for cycle 14E6 in the 3E2X1 CAFSC.

The following members of the Board considered AFBCMR Docket Number BC-2014-03785 in Executive Session on 9 Jul 15, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR  Docket Number BC-2014-03785 was considered:

Exhibit A.	DD Form 149, dated 3 Sep 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSOE, dated 7 Oct 14. Exhibit D.	Letter, SAF/MRBR, dated 23 Feb 15.
Exhibit E.	Applicant Rebuttal, dated 4 Mar 15.