RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03759

XXXXXXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

He receive supplemental promotion consideration to staff sergeant (SSgt) for Cycle 13E5, using his 17E5 test scores.  

His “Promote” recommendation on his enlisted performance report (EPR) for the period ending 31 Mar 17 be changed to “Promote Now.”

APPLICANT CONTENDS THAT:

He had two prior BCMR cases that corrected his records and he is attempting to continue the required corrections.  In his first case, the BCMR granted removal of his Article 15 and his EPRs.   Unfortunately, he was considered by the Quality Force Retention Board QFRB, which selected him for non-retention and he was separated.  He then submitted another BCMR application and the Board corrected his record to show he was not separated and reinstated him on active duty.   

He was denied the opportunity to test.  If the Board grants him supplemental consideration for Cycle 13E5 and if selected, he would also receive supplemental promotion consideration for technical sergeant (TSgt).   The Air Force used his 2012 test scores to apply to his 2013 testing cycle, instead of letting him test or use his new scores.  AFPC informed him this was the process and advised him to contact the BCMR.  He contacted the BCMR and was advised to submit a new BCMR application.

He also requests the Board change his promotion recommendation on his EPR ending 31 Mar 17.  The Air Force directed his leadership provide him with an EPR with only 19 days of supervision.  With the new promotion system, he only received a “Promote” rating on his EPR.  He did not have the full opportunity to receive a “Promote Now” recommendation.  All the time required to correct his records has delayed his ability to apply for officer training school (OTS).   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a TSgt in the Air Force.  His date of rank (DOR) and effective date of promotion are 1 May 18.

On 8 Apr 13 (BC-2013-02987), the Board recommended approval for removal of his Article 15 and EPRs for the period 28 Jun 12 to 27 Jun 13 and the directive correcting his record was signed on 14 Aug 14.  

On 5 May 14, he was not selected for retention by the QFRB and was honorably discharged on 29 Sep 14.  

On 22 Dec 14, AFPC/DPSOE informed the applicant based on the corrections to his record for removal of the Article 15 and EPRs, his grade of senior airman (SrA) was restored, he was considered for supplemental promotion consideration to SSgt for Cycle 13E5 and not selected.   

The applicant submitted another BCMR application (BC-2015-02642) asserting his consideration by the QFRB and discharge were erroneous since the BCMR removed his Article 15 and EPRs.  He requested reinstatement to active duty, promotion to TSgt, a base of preference (BOP) assignment, retraining into a new career field and OTS attendance.  On 22 Sep 16, the Board denied the applicant’s requests for promotion to TSgt and OTS selection but recommended approval of his remaining requests.  On 14 Dec 16, the directive correcting his record was signed.  

Per Special Order AS-322, dated 21 Dec 16, the applicant’s separation was void and he was reinstated to active duty.  

The applicant’s EPR for the rating period 13 Mar 17 thru 31 Mar 17 (19 days) shows his rating as “Exceed most, if not all expectations” and his promotion recommendation as “Promote.”  

On 16 Jul 18, the BCMR informed the applicant he had not exhausted the administrative avenue of relief by submitting his request for correction of his EPR to the Evaluation Reports Appeals Board (ERAB) prior to submitting his application to the BCMR.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SPP recommends denial for supplemental promotion consideration for Cycle 13E5 using his Cycle 17E5 test scores.  He received promotion consideration in Dec 14 in the career field he held at the time (Security Forces) and was not selected for promotion.  Upon reinstatement, he received supplemental promotion consideration beginning with Cycle 14E5 and was selected for promotion to SSgt with a DOR of 1 Oct 14.  Based on his DOR, he is eligible for promotion to TSgt beginning with Cycle 17E6.  Since he was not on active duty during Cycle 17E6, he will test during Cycle 18E6 and his scores will be applied to Cycle 17E6, with results announced in Jul 18.
The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 16 Jul 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board for correction of his contested EPR.  The Board does not consider applications without documentation showing exhaustion of such avenues of relief.  The applicant exhausted administrative relief for request of supplemental promotion consideration.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  With respect to the applicant’s request for supplemental promotion consideration for Cycle 13E5, the Board concurs with the rationale and recommendation of AFPC/DP2SPP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions to warrant granting the requested relief.  With respect to the applicant’s request for correction of the promotion recommendation on his contested EPR, he has not provided evidence he exhausted the available administrative relief by submitting his request to the ERAB prior to submitting his application to the BCMR.  In view of this, his request for correction of his EPR is not ripe for adjudication by the Board at this time.   Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed all available avenues of administrative relief for correction of his EPR have not been exhausted, and the application will only be reconsidered upon receipt of documentary evidence indicating that such avenues of administrative relief have been exhausted. 

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board for supplemental promotion consideration for Cycle 13E5.  

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-03759 in Executive Session on 28 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-03759:

 	Exhibit A: Application, DD Form 149, w/atchs, dated 14 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Records of Proceedings, w/atchs, dated 30 Jun 14.
Exhibit D:	Advisory opinion, AFPC/DPSOE, w/atch
Exhibit E:	Notification of advisory, SAF/MRBC, dated 16 Jul 18.   

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.