RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00445
		INDEX NUMBER:  100.07

	XXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The date he was upgraded to the five skill level be changed to reflect a date between 20 Dec 00 and 31 Mar 01, which would make him eligible to test for promotion to staff sergeant during the 01E5 cycle.

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APPLICANT CONTENDS THAT:

He completed all requirements for award of his five skill level on 20 Dec 00.

The date of his upgrade to the five skill level, 3 Apr 01, is unfair and made him ineligible to test during cycle 01E5.

The applicant provides a copy of an e-mail from his unit training manager at his old duty station to his new duty station that states the only thing needed to complete upgrade action on the applicant when he departed was the score from his Career Development Test (CDC), which the applicant took on 20 Dec 00.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a senior airman serving on active duty.  His Total Active Federal Military Service Date (TAFMSD) is 22 Jan 98.  The four reports the applicant has received since entering the Air Force all reflect overall ratings of “5.”

The remaining relevant facts pertaining to this application are contained in the evaluations prepared by the appropriate offices of the Air Force found at Exhibits C and D.

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AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial of the applicant’s request.  Applicable directives establish the Promotion Eligibility Cutoff Date (PECD) as 31 March of each year.  The applicant was not upgraded until 3 April 2001 and is therefore not eligible.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB defers to the recommendation of AFPC/DPPAT.  If, however, the Board determines the member should have been upgraded 31 March 2001 or earlier, he will be entitled to supplemental consideration for the 01E5 cycle, provided he is otherwise eligible and recommended by his commander.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluations by providing a letter from his current commander confirming that the applicant had completed all requirements for upgrade to the five-skill level prior to the 31 Mar 01 PECD.  He states that the applicant was not upgraded in time due to oversights in the system both at his losing base, XXXXXX Air Base, and his new base, XXXXX XXXXXX AFB.  He requests that the Board adjust the applicant’s upgrade date to 31 Mar 01.

The complete response is at Exhibit F.

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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 error or injustice.  The evidence of record clearly indicates that the applicant completed all requirements for upgrade to the five-skill level prior to 31 Mar 01.  In fact, the period of time from the completion of his CDC test, 20 Dec 00, until his upgrade on    3 Apr 01 appears excessive and is not explained or justified in the Air Force advisory.  There is compelling reason to believe that the closure of XXXXXX Air Base resulted in the failure to correctly and timely process the applicant’s records.  Therefore, in the interest of equity and justice, we recommend that the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was upgraded to the five-skill level on 31 March 2001 vice 3 April 2001.

It is further recommended that he be provided supplemental consideration for promotion to the grade of staff sergeant (E-5) beginning with cycle 01E5.

If selected for promotion to staff sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.

If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual’s qualifications for the promotion.

If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.

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The following members of the Board considered Docket Number 02-00445 in Executive Session on 24 April 2002, 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 15 Nov 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAT, dated 26 Feb 02.
     Exhibit D.  Memorandum, AFPC/DPPPWB, dated 13 Mar 02.
     Exhibit E.  Letter, SAF/MIBR, dated 22 Mar 02.
     Exhibit F.  Memorandum, 4SFS/CC, undated.

                                   

AFBCMR 02-00445

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that he was upgraded to the five-skill level on 31 March 2001 vice 3 April 2001.

	It is further directed that he be provided supplemental consideration for promotion to the grade of staff sergeant (E-5) beginning with cycle 01E5.

	If selected for promotion to staff sergeant by supplemental consideration, he be provided any additional supplemental consideration required as a result of that selection.

	If AFPC discovers any adverse factors during or subsequent to supplemental consideration that are separate and apart, and unrelated to the issues involved in this application that would have rendered the applicant ineligible for the promotion, such information will be documented and presented to the Board for a final determination on the individual’s qualifications for the promotion.

	If supplemental promotion consideration results in the selection for promotion to the higher grade, immediately after such promotion the records shall be corrected to show that he was promoted to the higher grade on the date of rank established by the supplemental promotion and that he is entitled to all pay, allowances, and benefits of such grade as of that date.