RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03327 INDEX CODE: 131.04 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her dates of rank (DORs) to airman (Amn), airman first class (A1C), and senior airman (SrA) be corrected to reflect 27 Jun 06, 27 Apr 07, and 27 Jun 08, respectively. _________________________________________________________________ APPLICANT CONTENDS THAT: Her promotion withhold and non-recommendation to A1C should have never occurred since it was not properly administered. If her promotion withhold is correct, her DOR to A1C should be 30 Oct 06 and her DOR for SrA should be 30 Aug 07. In support of her request, the applicant provided statements in her own behalf, copies of e-mails, her notification for promotion withhold, extracts of AFI 36-2502, Airman Promotion Program, AFI 36-2907, Unfavorable Information File (UIF) Program, a copy of her nomination for below-the-zone (BTZ) promotion, a copy of her Article 15, Record of Non-judicial Punishment Proceedings, and enlistment documents. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 27 Dec 05 for a six (6) year period as an airman basic (AB). According to the military personnel data system (MilPDS), she was promoted to Amn on 27 Sep 06, A1C on 3 Jul 07, and SrA on 3 Sep 08. On 24 May 06 and while still in technical training school, she received an Article 15 for failing to refrain from consuming alcoholic beverages while under the legal drinking age of 21. Her punishment consisted of forfeiture of $636.00 pay, restriction to the base for 30 days, and a reprimand. On 26 May 06, her commander notified her that her promotion was being withheld for a period of four (4) months. In accordance with AFI 36-2502, paragraph 2.1.2, individuals initially enlisting for a period of six years are promoted from AB or Amn to A1C upon completion of either technical training or the indoctrination course; or 20 weeks of technical training (start date of the 20-week period is the date of basic military training completion), whichever occurs first. The immediate commander must recommend the promotion in writing before the airman assumes the grade. In accordance with MPFM 03-46, dated 22 Oct 03, airmen who enter the service under the six year enlistee promotion program who subsequently become ineligible for promotion in accordance with AFI 36-2502, Table 1.1, accrue time-in-grade upon completion of the ineligibility condition in accordance with paragraph 2.1.1. The promotion part of their contract becomes void at the time of the ineligibility condition. On 22 Sep 06, her gaining commander recommended her for promotion. In accordance with AFI 36-2502, paragraph 3.2.4.5, airmen are not entitled to retroactive promotion if non- recommended by a commander unless they were initially ineligible for some reason under Table 1.1. The member’s DOR and effective date becomes the anniversary date of the original promotion date after written recommendation. A1C’s are eligible for promotion for SrA BTZ consideration six months prior to the fully qualified timeframe. The applicant was eligible for SrA BTZ consideration and/or promotion on 27 Jun 08. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial of the applicant’s request to change her DOR for airman and airman first class. DPSOE states the applicant was non-recommended for promotion which voided her six (6) year enlistment contract for advancement from AB to A1C. The applicant’s commander was aware that withhold of her promotion to A1C was not an option by reason of misconduct as outlined in AFI 36-2502, Table 1.2. Additionally, DPSOE states MilPDS was also correctly updated with a non-recommendation promotion eligibility status (PES) code instead of a withhold PES code. Although MilPDS reflects the incorrect DOR of 3 Jul 07 for A1C, it is recommended it remain as is since the erroneous update was no fault of the applicant. DPSOE recommends granting the applicant’s request to change her DOR for senior airman to 27 Jun 08. The complete AFPC/DPSOE evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Oct 08 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. _________________________________________________________________ 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 in regards to the applicant’s date of rank to senior airman. We concur with the Air Force office of primary responsibility and adopt it’s rationale as the basis for our decision to change the applicant’s date of rank to senior airman. Insufficient evidence has been presented to demonstrate an error or injustice with regards to the applicant’s date of rank to airman and airman first class. Therefore, we recommend her 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 her effective date of rank for to grade of senior airman is 27 June 2008 rather than 3 September 2008. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2008-03327 in Executive Session on 9 December 2008, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered for Docket Number BC-2008-03327: Exhibit A. DD Form 149, dated 22 Aug 08, w/atchs. Exhibit B. Memorandum, AFPC/DPSOE, dated 1 Oct 08. Exhibit C. Letter, SAF/MRBR, dated 24 Oct 08. Panel Chair