RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01467 COUNSEL: XXXXX XXXXXXXX HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be retroactively promoted to the grade of E-6 with a date of rank of 1 April 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: He has been unable to progress through the Air Force ranks due to no fault of his own. He was promoted to E-5 in the Marine Corps on 1 April 2006 and selected for promotion to E-6 in 2009. He transferred into the Air Force on 15 July 2009. He was forced to take a rank reduction to accept active duty orders into the Air Force. He has been in the Air Force for 3 years and 7 months and has not been afforded the opportunity for promotion. The Air Force is forcing him out of the service for lack of progression when no opportunity was afforded. It is arbitrary to only consider total time for high year tenure vice his actual Air Force time and the forced rank reduction that now places his career in jeopardy. In support of his appeal, the applicant provides a personal statement, e-mail correspondence, referenced AFI’s and his waiver request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a member of the Air Force serving in the grade of staff sergeant. On 16 May 2013, he was notified that his request to extend his high year tenure was approved. The applicant now has a high year tenure of 29 September 2015 and a separation date of 15 July 2015. The remaining relevant facts pertaining to this case are contained in the letter prepared by the Air Force office of primary responsibility which is listed at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOAR does not make a recommendation. The applicant was approved for retraining into 1C311 under the Disqualified Airman Retraining Program. His class dates were 13 May 2013 to 2 July 2013. He met all the administrative requirements for retraining. The complete DPSOAR evaluation is at Exhibit C. AFPC/DPSOE recommends denial. The applicant entered active duty as a senior airman on 16 July 2009 with prior service in the United States Marine Corps. All data on prior service members is verified by AFPC/DPSIPE, Prior Service Enlisted Accessions, to determine rank, date of rank etc. It was determined the applicant’s date of rank to senior airman was 16 July 2009, which, in itself, made him eligible for promotion consideration to staff sergeant for cycle 10E5. However, he did not possess the required 5-skill level in accordance with AFI 36-2502, Airman Promotion Program. The minimum basic eligibility criteria for promotion to staff sergeant is 6 months time-in-grade as a senior airman, 3 years time-in-service, a primary Air Force Specialty Code (PAFSC) at the 5-skill level and a recommendation from the commander. The applicant was ineligible for promotion consideration to staff sergeant for cycle 10E5 because he did not possess a PAFSC at the 5-skill level. In accordance with AFI 36-2502, a member must possess a PAFSC at 5-skill level by the respective promotion eligibility cutoff date for the cycle. The PECD for cycle was 31 March 2010. As of that date, the applicant had not obtained his 5-skill level. Additionally, the applicant does not have an enlisted performance report (EPR) on file. In accordance with AFI 36- 2502, all eligible members are required to have an EPR that closed out within 5 years of the PECD to compete for promotion. If a member does not have an EPR on file, they cannot be considered for promotion until their next projected EPR closes out, or until a directed by Headquarters Air Force EPR is completed for promotion consideration. At that time, the applicant will be considered supplementally. The applicant has never been eligible for consideration for promotion to technical sergeant. The complete DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant states he was promoted to staff sergeant effective 1 September 2013. He tested for promotion in 2010 but was unable to be promoted due to his EPR not being completed. Had an EPR been completed and submitted, he believes he would have been promoted the first time he tested. He has missed a lot of promotion opportunities over the past 4 years. He previously held the ranks of E-5 and E-6 in the Marine Corps more than 4 years ago. The applicant’s complete response, with attachments, is at Exhibit F. ________________________________________________________________ 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. After thoroughly reviewing the applicant’s submission, the evidence of record and the applicant’s response to the Air Force advisories, we are not persuaded that he is entitled to the relief he seeks. The applicant contends that he was denied promotion opportunity due to his EPR not being completed; however, we note the applicant was not eligible for promotion consideration as he had not yet achieved his 5-level. Additionally, once the applicant obtained his 5-level, he was retroactively promoted to E-5. In this instance, the applicant requests retroactive promotion to E-6; however, he is not yet eligible for promotion consideration to E-6. Therefore, we agree with the opinion and recommendation of AFPC/DPSOE and adopt its rationale as the basis for our conclusion that the applicant is ineligible for promotion consideration to E-6. In the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that 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-2013-01467 in Executive Session on 7 January 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Mar 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSOAR, dated 20 May 13. Exhibit D. Letter, AFPC/DPSOE, dated 26 Apr 13. Exhibit E. Letter, SAF/MRBR, dated 7 Jun 13. Exhibit F. Letter, Applicant’s Response, 23 Sep 13, w/atchs.