RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-04078

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His promotion to the grade of master sergeant (E-7) be reinstated.

APPLICANT CONTENDS THAT:

The removal of his promotion to the grade of master sergeant is unjust because of extenuating circumstances.  His Air Force Specialty Code (AFSC) was 1C471 (Tactical Air Control Party).  However, after he had a permanent change of station (PCS) move under the Threatened Persons Program in May 2014, he was told by his commander to sign an AF Form 2096, Classification/On-the Job Training Action, changing his AFSC to 3A1X1 (Administration).  He has been working in the AFSC 3A1X1 since May 2014.  His 2014 Enlisted Performance Report (EPR) reflects 3A1X1 as his AFSC and he was told that he would only be administered the Promotion Fitness Examination (PFE) at the next promotion cycle.  On 9 September 2015, he was informed that he was accidently given a promotion number in the wrong AFSC; therefore, his line number was removed.  He has not worked in the 1C4X1 AFSC since March 2014.  To retest in the 1C4X1 AFSC he will never return to puts him at an extreme disadvantage.  Through no fault of his own administrative errors occurred and the proper waivers were not submitted changing his AFSC, which prevented him from being promoted to the grade of master sergeant.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of technical sergeant (E-6).  Information extracted from the Military Personnel Data System (MilPDS) on 29 August 2016, reflects his duty AFSC as 3A151, and his primary and control AFSCs as 1C471.

In May 2014 the applicant was provided a permanent change of station under the Threatened Persons Assignment program from Hurlburt Field, FL to Patrick AFB, FL, to perform duty under the Special Duty Identifier 8U000, Unit Deployment Manager.

According to AF Form 2096, approved by the commander on 28 August 2014, the applicant was assigned to the Commander’s Executive Services (CCEA) in Duty AFSC 3A151 effective 31 July 2014.  The applicant had served in the AFSC 1C4X1 career for the prior eleven years.  

According to AF Form 2096, approved by the commander on 14 October 2014, the applicant was assigned to the Commander’s Support Staff (CSS) in Duty AFSC 3A151 effective 3 October 2014.

According to AF Form 2096, dated 20 July 2015, the applicant was disqualified from AFSC 3A151 because he did not meet the qualification requirements.  Therefore, his primary and control AFSCs were changed from 3A151 to 1C471.

According to the Case Management System (CMS) case number 8613160, created on 29 September 2015, the applicant’s control AFSC [1C471] was updated in error.  The effective date was 20 July 2015; however, it should have been retroactive to the date he was originally awarded 1C471 [1 April 2011].  On 28 October 2015, AFPC Enlisted Assignments, changed the applicant’s AFSC 1C471 award date to 1 April 2011. 

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

AIR FORCE EVALUATION:

AFPC/DP3ST recommends denial indicating there is no evidence of an error or an injustice.  AFPC/DP3ST was apprised by the AFPC Assignment Policy office on 26 June 2015, of the applicant’s Threatened Persons Assignment and the discrepancies in his AFSCs indicating he had a duty/primary/control AFSC of 3A151.  Research revealed he was sent to the Force Support Squadron (FSS) under the Threatened Persons Assignment program to perform duty as a Unit Deployment Manager [Special Duty Identifier 8U000]. He was subsequently locally moved to the Air Force Technical Applications Center (AFTAC), which is when he was erroneously assigned the 3A151 AFSC.  The applicant had not been selected for retraining, either formal (completes the 3-skill level AFSC awarding course) or via on-the-job training.  Further, there was no evidence that a waiver was requested or approved to award him the 3A151 AFSC.  As such, the 3A151 AFSC was inappropriately awarded and updated as his control AFSC. 

Located in the applicant’s master personnel record is an AF Form 2096 assigning him from the FSS to the AFTAC CCEA function.  The aforementioned AF Form 2096, indicates the applicant’s duty AFSC was changed to 3A151 effective 31 July 2014.  A new AF Form 2096 was created and processed shortly thereafter to reassign the applicant from the organization’s CCEA to the CSS, again with duty AFSC 3A151.  His primary and control AFSCs were changed from 1C471 to 3A151 (no source document found — MilPDS audit reveals updates were performed on 31 July 2014).  A third AF Form 2096 initiated by the AFTAC Inspector General and signed by the AFTAC Squadron Section Commander followed multiple discussions concerning the legitimacy and appropriateness of changing the applicant’s awarded and control AFSC from 1C471 to 3A151.  The AF Form 2096 changed his primary AFSC and control AFSC from 3A151 to 1C471 effective 16 July 2015, and was submitted in an AFSC disqualification case referencing AFI 36-2101, Classifying Military Personnel (Officer and Enlisted), paragraph 4.1.9.  The changes from AFSC 3A151 back to 1C471 resulted in changing his promotion eligibility for consideration as a 3A151. It was later discovered that the effective date for the AFSC change should have been based on his original award of AFSC 1C471 (1 April 2011), and the effective date was changed based on a separate Case Management System (CMS) case to assignments, the OPR for the control AFSC.

Perhaps leadership believed moving the applicant from the FSS to AFTAC as a 3A151 was a more appropriate action for local employment than 8U000.  Regardless, he was not authorized award of AFSC 3A1X1 or update of this control AFSC.  In addition to the above, the applicant may no longer be qualified to retain AFSC 1C4X1 — per the most recent AFSC specialty description as the requirements are rigorous.  The applicant has not served in the AFSC for approximately two years; therefore, if he no longer meets the retention criteria for the AFSC, then he must be disqualified from 1C471 via a CMS AFSC Disqualification case in accordance with AFI 36-2101.  In the event he is disqualified from AFSC 1C4X1 with an effective date prior to the Promotion Eligibility Cutoff Date (PECD) for the cycle in question, and his disqualification from the inappropriately awarded 3A151 AFSC stands, he would be a disqualified airman with reporting identifier (9AXXX, as appropriate).

A complete copy of the AFPC/DP3ST evaluation, with attachments, is at Exhibit C.

AFPC/DP3SP recommends denial.  The applicant was never selected for promotion to the grade of master sergeant.  Personnel who are eligible to test for promotion are considered in the AFSC they hold on the PECD.  The PECD for cycle 15E7 was 30 November 2014, and the system reflected the applicant held AFSC 3A1X1 during this period.  The applicant was administered the PFE only as a 3A1X1 on 11 February 2015; however, AFPC Enlisted Promotions was notified on 29 June 2015, that award of the 3A1X1 AFSC was not authorized and his promotion file was placed in a hold status until the correct AFSC could be determined.  Since selections were not made until 30 June 2015, the applicant could not have been rendered a select as he contends.

Once it was determined that the applicant was erroneously placed into the 3A1X1 AFSC, he was notified that he would receive 60 days study time to take the Specialty Skills Knowledge (SKT) test in his previous AFSC [1C4X1].  He took the SKT on 23 November 2015, and was ultimately nonselected for cycle 15E7 as his scores did not meet the 60 percent Phase 1 cutoff score required to be boarded for Phase 2 of the selection process.

AFPC/DP3ST states in their 21 April 2016 advisory that the applicant may no longer be qualified to retain the 1C4X1 AFSC since the requirements are rigorous and the applicant has not served in the AFSC for approximately two years.  As of this date, the applicant still holds AFSC 1C4X1 and was considered and nonselected for MSgt during the current 16E7 cycle as a 1C4X1.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 8 June 2016, for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Additionally, the Board acknowledges the unique circumstances surrounding this application, however, the Board believes the applicant was treated no different than those similarly situated.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-04078 in Executive Session on 11 October 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 17 September 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3ST, dated 21 April 2016, 
  w/atchs.
Exhibit D.  Memorandum, AFPC/Dp3SP, dated 1 June 2016.
Exhibit E.  Memorandum, AFBCMR, dated 8 June 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.