RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02228 

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her 16E7 promotion board record be re-evaluated due to a missing decoration.

APPLICANT CONTENDS THAT:

Her Air Force Commendation Medal, second oak leaf cluster (AFCM w/2OLC), which closed out 29 Nov 15, was missing from her board package and was not reviewed.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 Dec 00.

The applicant is currently serving as a Technical Sergeant (TSgt) in the Regular Air Force, with an date of separation (DOS) of 14 Jul 19.

Notification of WAPS Promotion Testing Cycle – Cycle 16E7, dated 7 Dec 15, Paragraph 4, reflects “All eligible are personally responsible for verifying their data verification record (DVR).  This in the most important tool provided for your use in ensuring information on your promotion file is complete and accurate.  DVRs and score notices will no longer be produced in MILPDS/PCIII.  You are now required to review your DVR and score notice on the vMPF.”

Order of events is as follows:

-Decoration date 20 Jun 15 to 29 Nov 15.
-RIP signed by commander 29 Dec 15.
-Given Under My Hand Date 23 Mar 16.
-Filed in ARMS 14 Apr 16.
-Promotion cycle 16E7 notice, dated 7 Dec 15.
-Board convened 4-29 Apr 16.
-Results were released 25 May 16.
-Applicant indicated her date of discovery was 25 May 16. 

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/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  

Applicant was considered and non-selected for promotion to Master Sergeant (MSgt) during cycle 16E7.  She received 9.00 points for decorations (two AFCMs and three Air Force Achievement Medals); her board score was 367.50; her total score was 508.43; and the score required for selection in her AFSC was 513.33.  Should the AFCM w/2OLC (worth three weighted points) be used in the promotion process for cycle 16E7, the applicant would remain a non-select based on weighted points alone.  However, there is no way of knowing if the AFCM would increase her board score.

In accordance with AFI 36-2502, Enlisted Airman Promotion/Demotion Programs, Paragraph 2.9, supplemental promotion consideration will not be granted if the error or omission appeared on/in the Airman’s DVR, PRDA/ARMS record, or senior non-commissioned officer (SNCO) selection folder and no corrective or follow-up action was taken by the Airman prior to the promotion selection date for Staff Sergeant (SSgt) through TSgt and prior to the original evaluation board for MSgt through Chief Master Sergeant (CMSgt). Fully documented supplemental consideration requests will be submitted in writing, to include the Airman’s unit commander’s recommendation to the Military Personnel Section (MPS).  MPSs will review and forward requests to AFPC/DPSOE via CMS.

All members eligible for promotion consideration receive and/or have access to the Enlisted Promotion Program Fact Sheet. This document specifically states:  IT IS YOUR RESPONSIBILITY TO VERIFY ALL DATA ON YOUR DVR IS CORRECT:  Along with reviewing the DVR, you should review the Automated Records Management System (ARMS) to ensure data is correct and all appropriate documents are filed accordingly.  Use attachment 5, Instruction Sheet for Review of Data Verification Record (DVR).  If you detect an error on your DVR, contact the appropriate MPS work center for assistance.  The MPS will update MilPDS with the correct information.  Each change automatically generates a new DVR in vMPF.  Retrieval of the updated DVR is your assurance that the change has been made.  Ensure you retrieve the new DVR--don't wait until after selections are made to tell the MPS your update(s) weren’t made on your DVR.  When you get the new DVR, be sure to check all items again for accuracy.  Additionally, you may retrieve a DVR before selects are made by visiting the vMPF.

The applicant states her date of discovery was 25 May 16, after dates board convened 4 – 29 Apr 16, and after selects were publicly released on 25 May 16.  It is ultimately the member’s responsibility to verify her data and identify any discrepancies prior to the Board convening date.  Eligible members are given a copy of the information that will be used in the promotion process when they are notified of their testing date (approximately 4-6 months prior to the promotion process).  It is their responsibility at that time to identify any errors and have them corrected.  This information is also available for their review on the vMPF.  In the applicant’s case, she did not identify/acknowledge that her AFCM w/2OLC was missing from her record until selects were publicly released for cycle 16E7 on 25 May 16.

The applicant did not submit a request for supplemental consideration through administrative channels until her DD Form 149, Application for Correction of Military Record, was received, which she was informed to submit on 8 Aug 16.  When the supporting documentation attached to her CMS case was unable to be opened, the Enlisted Promotion cycle manager requested the documents be resubmitted prior to the 19 Aug 16 deadline, for the September supplemental Board.  As of the date of the advisory (25 Aug 16), the supporting documents had not been received.  Once the documents are received, they will be reviewed and a determination made as to whether supplemental promotion consideration will be granted.  If granted, the applicant will meet the next SNCO supplemental board.

The applicant has not provided any proof/supporting documentation that she reviewed her records, as it was her responsibility to do, prior to the Board convene date for cycle 16E7.  The OPR recommends denial of her request to use the AFCM w/2OLC in the promotion process for cycle 16E7. 

A complete copy of the AFPC/DP3SP 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 13 Dec 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

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-2016-02228 in Executive Session on 7 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02228 was considered:

	Exhibit A.  DD Form 149, dated 31 May 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 25 Aug 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16.
	
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.