RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03312 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, be corrected to award him credit for the 363 prior service active duty days he served in the US Marine Corps Reserve. 2. His Date of Rank (DOR) to the grade of Airman First Class (A1C) be corrected to 31 Jul 2001 (Administratively Corrected). 3. His DOR to the grade of SrA be corrected to 31 Jan 2003 (Administratively Corrected to 28 Jan 2003). 4. His DOR to the grades of Staff Sergeant (SSgt) through Master Sergeant (MSgt) and promotion eligibility to the grade of Senior Master Sergeant (SMSgt) be corrected. (Administratively Corrected). _________________________________________________________________ APPLICANT CONTENDS THAT: On 31 Jul 2001, he enlisted on active duty in the grade of Airman (Amn). This was the result of the Military Entrance Processing Station (MEPS) not having his service in the US Marine Corps Reserve. He was informed that it would be adjusted upon completion of the AF Form 1613, Statement of Service. A correct DD Form 4 would have allowed him to enlist as an Airman First Class (A1C) and would have made him eligible for promotion to the grade of SrA on 31 Jul 2003. With his Below-the-Zone (BTZ) promotion selection, he would have been promoted to the grade of SrA on 31 Jan 2003. This would have made him eligible to test for promotion to the grade of SSgt one year earlier. The error caused a ripple effect to include testing eligibility for promotion to the grade of Technical Sergeant (TSgt), MSgt and even SMSgt. He would have been promoted to the grade of SSgt in 2004, eligible to test for promotion to the grade of TSgt in 2006, and would have been eligible to test for promotion to the grade of MSgt in 2009, and again in 2010 where he missed the cut off by .66 points. This is where the extra Time in Grade (TIG) points would have pushed him over and he would have been promoted to the grade of MSgt in 2011. This would have made him eligible to test for promotion to the grade of SMSgt in Dec 2012. He addressed the error on multiple times from 2001 through 2004 with the Military Personnel Flight (MPF) at Seymour Johnson AFB, NC. He again revisited the issue in 2011 with the MPF at Minot AFB, ND and the Air Force Personnel Center (AFPC). They adjusted his DOR to the grades of A1C, SrA and SSgt but it was not done correctly and he received no answers to the missed testing opportunity to the grade of SSgt. He knows there are many variables on adjusting the DOR for the grades of SSgt through MSgt that would deter an adjustment to those ranks but believes the error was unjust. He took steps to address his concerns from the time he entered the Air Force. This error has impacted his career as it pertains to his rank and testing eligibility. In support of his requests, the applicant provides a personal statement, copies of his DD Form 4, AF Form 1299, Officer’s Certificate of Statement of Service; AF Form 1613, Statement of Service; Enlisted Performance Reports (EPR) and other various documents associated with his requests. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently on active duty serving in the grade of MSgt. The applicant’s Entered Active Duty Date (EAD) in the Air Force is 31 Jul 2001. The applicant’s AF Form 1613, shows he served 175 days of Active Duty Time (ADT) for Reserve Year Ending (RYE) 27 Mar 1995 and 188 days of ADT for RYE 27 Mar 1996 for a total of 363 days. Based on this creditable service, his TAFMSD was adjusted to 28 Jul 2000. In a letter dated 10 Jan 2014, AFPC/DPSOE advised the applicant his DOR to the grades of SrA, SSgt, TSgt and MSgt were administratively corrected and that he would receive supplemental promotion consideration for promotion to the grade of SMSgt during the May 2014 Senior Noncommissioned Officer (SNCO) Supplemental Promotion Board. DPSOE also advised the applicant to submit a request through the Evaluation Report Appeals Board (ERAB) for correction of his affected Enlisted Performance Reports (EPR) with close out dates of 31 Mar 2003, 11 Feb 2005, 11 Feb 2008 and 20 Dec 2011 to reflect the appropriate rank and/or form for the EPRs. ________________________________________________________________ AIR FORCE EVALUATION: DPSIPE recommends denial of the applicant’s request for correction of his DD Form 4 to account for service time acquired as a member of the Marine Corps Reserve. After a thorough review of the applicant’s military personnel records, AFI 36-2604, Service Dates and Dates of Rank; and the supporting documentation provided by the applicant, there is no an error or injustice. On 2 May 2011, the applicant’s records were adjusted to show that he was authorized to enter active duty in the Air Force in the grade of A1C. The complete DPSIPE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: He is currently taking the corrective action of fixing the EPRs that are considered minor corrections. He was unable to contact the evaluators needed to re-accomplish his 20 Dec 2011 EPR due to retirements and opted to not have that EPR voided for fear of missing an EPR which would potentially reflect adversely in his selection folder for future promotion boards. The injustice is that he attempted to have his records corrected. When it was finally corrected, the chain effect caused him to miss a promotion opportunity. He has major flaws in his promotion selection folder. His EPRs and decorations are not commensurate with a promotable MSgt and do not show the proper progression of the final evaluators which will impact his promotion opportunity for cycles to come. The injustice of the missed opportunity was not his fault and was out of his hands. He asks the Board to look at the facts and correct this injustice in his impeccable career. The applicant’s complete response, with attachments, is at Exhibit F. _________________________________________________________________ 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 an error or injustice. Although the applicant requests the 363 days reflected on his AF Form 1613 from the Marine Corps Reserve be credited on his DD Form 4, the evidence reflects that his TAFMSD has already been adjusted (28 Jul 2000) to account for these days. Based on this adjustment, his DORs to the grades of SrA, SSgt, TSgt and MSGT were administratively corrected as applicable. Although DPSOE indicated that he would receive supplemental promotion consideration to the grade of SMSgt during the May 2014 SNCO Supplemental Promotion Board, in an email dated 20 May 14, DPSOE advised that the applicant was not considered during this board because the ranks on four of his EPRs had to be corrected before the board met. The applicant has submitted a request to the ERAB and they should make the appropriate corrections to his EPRs. However, he will not meet a supplemental board until next year since the board is only held annually. In view of the above, we find that the applicant has received the appropriate credit for his 363 days of service in the Marines, and thus has received all the relief requested. If, following ERAB action and supplemental Promotion Board consideration, the applicant still feels there are errors to be corrected, the BCMR will consider a new application. _______________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material 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-2013-03312 in Executive Session on 15 and 20 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documents in AFBCMR Docket Number BC-2013-03312 were considered: Exhibit A. DD Forms 149, dated 8 Jul 2013, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIPE, dated 25 Oct 2013. Exhibit D. Letter, AFPC/DPSOE, dated 10 Jan 2014. Exhibit E. Letter, SAF/MRBR, dated 28 Feb 2014 Exhibit F. Letter, Applicant, dated 17 Mar 2014, w/atch. 1 2