RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00046 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be promoted to the grade of Master Sergeant (MSgt, E-7) with a Date of Rank (DOR) of April 2005. By letter dated 2 August 2015, the applicant amended his application and now requests promotion to the grade of MSgt with a DOR of 1 November 2005 with the associated entitlements. APPLICANT CONTENDS THAT: He completed the Noncommissioned Officer Academy (NCOA) in 1996. However, he was denied promotion to the grade of MSgt because his Enlisted Performance Report (EPR) ending 27 April 2005, indicates that he did not complete the NCOA. He never received the EPR because it was placed in his file while he was away on a 15 month active duty tour. In support of his requests the applicant provides a copy of his NCOA certificate, NG Form 22, Report of Separation and Record of Service, that indicates he completed the NCOA in February 1996, his EPR ending 27 April 2005 and a photo. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to a diploma provided by the applicant, he completed the Air National Guard NCOA on 15 February 1996. AF IMT 910, Enlisted Performance Report (AB thru TSgt), for the period ending 27 April 2005, Section V. Rater’s Comments, reads “TSgt [XXX] is an excellent contributor to the squadron and highly recommend he complete NCO Academy.” Section VI. Additional Rater’s Comments, reads “TSgt [XXX] should consider completing the NCO leadership academy course to become eligible for promotion.” According to Reserve Order EK-3765 dated 16 March 2007, the applicant was placed on the USAF retired list in the grade of Technical Sergeant (TSgt, E-6), effective 7 March 2007. According to Reserve Order EL-3419 dated 19 May 2015, the applicant was placed on the USAF retired list in the grade of TSgt, effective 17 June 2015. AIR FORCE EVALUATION: AFRC/A1K recommends denial indicating there is no evidence of an error or an injustice. The applicant’s EPR in question closed out on 27 April 2005, and statements were made by the reporting official and commander recommending the applicant complete the NCOA to become eligible for promotion. This information was based on what was in the applicant’s record at the time the EPR closed out. After careful review of the documents provided by the applicant and other supporting documentation retrieved from the Military Personnel Data System, it has been determined the applicant’s records were updated to show that he met the PME requirements for promotion to the grade of MSgt on 18 October 2005, which was six months after his EPR closed out. During the period 18 October 2005 to 8 March 2007, the promotion authority could have recommended or non-recommended the applicant for promotion to the grade of MSgt before he voluntarily retired, based on whether or not he met all other eligibility requirements. In accordance with AFI 36-2502, Enlisted Airmen Promotion/Demotion Programs, airmen in grades E-5 and above must meet eligibility requirements as of the last day of the month prior to the promotion cycle and be recommended by the supervisor and the promotion authority to be eligible for promotion. In accordance with AFI 36-2608, Military Personnel Records System it is the applicant’s responsibility to ensure his records are up-to-date. To grant relief would be contrary to the criteria established in AFI 36-2502, which was in effect at that time. A complete copy of the AFRC/A1K evaluation, with attachment, is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He refutes the OPR’s assertion that his completion of the NCOA was not in his records as of the close out date of the EPR in question. His DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 31 January 2004 to 2 April 2004, reflects that he was awarded the NCO PME ribbon. His PME information has been in his records since 1996 and the Board should disregard the OPR’s recommendation. In further support of his request, the applicant provides a copy of his DD Form 214. The applicant’s complete response, with attachment, is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application is timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The evidence reflects that the applicant did in fact complete the NCOA before his EPR ending 27 April 2005 was finalized. Nonetheless, he has not provided any evidence showing that he was recommended for promotion to the grade of MSgt by the promotion authority, or that he would have been recommended for promotion but for the erroneous comments in the contested EPR. In point of fact, to be recommended for promotion as a traditional reserve member, a member must occupy a position of a higher grade, in this case, a MSgt authorization, and be otherwise qualified for promotion. Further, even when all eligibility factors are met, promotion is not automatic; the member must be recommended for promotion by the commander. Ultimately, while the contested EPR does contain erroneous comments with respect to whether or not the applicant completed the NCOA, the evidence provided by the applicant is not sufficient for us to conclude that it is more likely than not that he would have been recommended for promotion but for the erroneous comments in the EPR, particularly when the applicant has not provided any evidence to indicate that he was assigned to a qualifying position or provided any supporting documentation from his rating chain during the events under review. 4. Notwithstanding the above, we believe the evidence provided by the applicant is sufficient to recommend granting partial relief. In this respect, the evidence provided makes it clear that the comments in the contested EPR relative to his attendance at the NCOA are erroneous. Therefore, we believe it would be proper and fitting to recommend that said comments be removed from the contested EPR. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the bullet in Section V, Rater's Comments, “TSgt XXXX is an excellent contributor to the squadron and highly recommend he complete NCO academy” and the bullet in Section VI, Additional Rater’s Comments, “TSgt XXXX should consider completing the NCO leadership academy course to become eligible for promotion” in the Enlisted Performance Report for period ending 27 April 2005, be removed from his records. The following members of the Board considered AFBCMR Docket Number BC-2015-00046 in Executive Session on 1 September 2015 and 20 January 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 December 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFRC/A1K, dated 1 July 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 9 July 2015. Exhibit E. Letter, Applicant, dated 2 August 2015, w/atch.