RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04054 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His record be corrected to show immediate restoration of his promotion sequence number to chief master sergeant (CMSGT). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was selected for promotion to the grade of CMSGT on 14 November 2007 but was informed on 8 December that, due to an error, his promotion sequence number had been revoked. He was assigned to the Senior NCO Academy (SNCOA) as an instructor (special duty) with an Air Force Specialty Code of 8T000, Professional Military Education Instructor. He was preparing for a permanent change of station (PCS) move as his special duty tour with the SNCOA was expiring. As such, he would eventually return to his original AFSC of 2T071, Traffic Management. It was his intention to compete for promotion to the grade of CMSGT while still holding the 8T000 AFSC. On or about (O/A) 2 July 2007 and upon inquiring how he could test for CMSGT while still holding the 8T000 AFSC, he was told as long as he did not sign into his new duty station prior to his promotion eligibility cutoff date (PECD) that he would test as an 8T000. Further conversations with additional personnel in the Combat Support Squadron (CSS) and the Maxwell AFB Career Enhancements Promotion and Testing office yielded the same response to his question leading him to believe that if he tested prior to his PECD that he could test as an 8T000 rather than 2T071. On 16 September 2007, he tested for CMSGT while assigned to Qatar. On 14 November 2007, he was selected for promotion to CMSGT in the 8T000 career field. On 7 December 2007, he was notified by the Enlisted Promotions office of the Air Force Personnel Center (AFPC) that he had tested for CMSGT under the wrong AFSC. Also on 7 December 2007, he called the Al Udeid Personnel Support for Contingency Operations (PERSCO) office posing the same question he had asked while still at the SNCOA and given the same answer, “As long as you don’t sign in prior to the PECD, you will test in your previous (8T000) career field.” On 8 December 2007, he contacted the Chief Master Sergeant of the Air Force’s (CMSAF’s) office and informed them of his predicament. The CMSAF made inquiry’s and responded to him via email on 10 December 2007 by forwarding the following response the CMSAF had received: “He incorrectly competed as 8T000…he departed Maxwell on 23 Jul…prior to the PECD…which means he should’ve met the 2T (2T071) panel. We identified after the fact…unfortunately the issue of AFSC effective date was impossible to catch. I have contacted his CCM (Command Chief Master Sergeant) to discuss the issue. Bottomline, he was incorrectly considered…we are going to correct. He will become a nonselect and then meet the Jul 07 SNCO (Senior non-Commissioned Officer) supplemental board as a 2T. We will accomplish a cut-off change and promote the #1 select 8T000.” He states that looking back, he is convinced that he did everything he could to ensure he tested within the 8T000 career field. He sought guidance from the identified experts, along with Air Force Instruction (AFI) 36-2441, and made decisions based on the information he was provided. He had no reason to doubt the information he received because it was in line with his intention to test as an 8T000. He based his decision to leave the SNCOA before the 31 July PECD on the information he received and that decision, based on admitted and faulty advice and interpretation of policy, has cost him that which he has worked the past 21 years to obtain: promotion to CMSgt. In support of his appeal, the applicant has provided a personal statement, a copy of his Enlisted Data Verification Record (EDVR), and copies of pertinent emails. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant entered the Regular Air Force in September 1986. He has been progressively promoted to the grade of senior master sergeant (SMSgt) with an effective and date of rank (DOR) of 1 March 2004. On 7 September 2007, he tested for promotion to the grade of CMSGT, promotion cycle 07E9, under his Control AFSC (CAFSC) at the time of 8T000. He was tentatively selected for promotion to CMSGT and was given a promotion sequence number (PSN) of 194 pending verification of his CAFSC. Promotions under cycle 07E9 would increment between 1 January and 1 December 2008. During the verification process, it was discovered that his CAFSC had been changed to 2T0X1 effective 23 July 2007, approximately six weeks prior to his test date. His tentative promotion was deemed erroneous as a result and his PSN was removed. Supplemental promotion consideration is afforded to members whose records were in error during the Central Selection Board process and he will be considered supplementally in the correct AFSC of 2T0X1 during the July 2008 Supplemental Board. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. DPSOE notes that members compete for promotion in the CAFSC they hold at the PECD. The PECD for the 07E9 cycle was 31 July 2007. DPSOE cites AFI 36-2101 wherein is stated that if an individual PCS’d to another base, the effective date of the CAFSC is the date s/he departed their last duty station. DPSOA notes the applicant officially departed his duty station in Montgomery, AL on 23 July 2007. DPSOA also cites AFI 36-2502 wherein is stated that promotion selections are “tentative” until data verification is complete. Other than supplemental board consideration, DPSOA notes there are no provisions for a member who has been erroneously selected to retain a promotion based solely on notification of such. Further, since promotions are based on limited quotas, allowing retention of an erroneous promotion precludes promotion of another who has legitimately earned it. DPSOA notes he will be considered by the July 2008 supplemental promotion board under the correct AFSC of 2T0X1. DPSOA’s complete evaluation, with attachments, is at Exhibit B. HQ AFPC/JA opines that a series of events that placed the applicant in a position to be ineligible for promotion constituted an injustice for which relief may be warranted. JA states that guidance to the applicant from the losing base (Maxwell AFB) and the actions of the gaining base (Al Udeid, Qatar), were clearly wrong. The evidence documents that the losing unit personnelist assured the applicant he could depart on 23 July 2007 without compromising his promotion eligibility under the 8T000 AFSC. Therefore, outprocessing eight days before the PECD was of no apparent benefit to the applicant. JA notes there was a second opportunity to correct the incorrect guidance given to the applicant when he sought to test upon reporting to his new assignment. Instead, however, his servicing (gaining) Military Personnel Flight (MPF) verified he could test as an 8T000 and the applicant subsequently tested under such. JA opines that the applicant took reasonable measures to address a concern that he identified before making his decision on when to outprocess. Further, the compilation of error and the actions by the personnel advisors that validated the error at his gaining base were not harmless, but rather, placed the applicant in a position to be ineligible for promotion on his selection. The remaining pertinent legal information, with attachments, is contained in the evaluation prepared by AFPC/JA at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant contends that if he used the AFPC/DPSOE advisory’s justification for the removal of his PSN and had received the correct guidance from any one of the numerous sources he queried, he would simply have signed out of his losing unit on 1 August 2007, the date he actually left the area, eliminating this situation altogether. He contends that to date (7 February 2008) his military personnel records have still not been changed to show his CAFSC as 2T0X1. He is convinced that he took all of the necessary steps he could have to keep this situation from happening and should not be further punished by the withholding of his promotion to CMSGT. He states that going through this process, especially while on a remote tour, has been extremely difficult mentally, physically and emotionally. Applicant’s complete response is at Exhibit E. ________________________________________________________________ _ 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. It is apparent to us that the Air Force and its agents not only misinterpreted their own testing and promotion policy but also misapplied it in this case. The AFBCMR has always applied a strict standard of self-responsibility to Air Force members applying for relief in instances of career impacting events. In this instance, we are convinced the applicant made every conceivable effort to address a concern he had regarding his promotion testing and was subsequently misled at every juncture by those personnel who should have known the correct answers to his queries regarding testing and promotion policy. As a matter of interest, we note that his CAFSC, the data element used to determine which test he would take for promotion, remains 8T000 as indicated in the Military Personnel Data System. Consequently, we agree with the opinion and recommendation of AFPC/JA and adopt its rationale as the basis for our conclusion that the applicant has been the victim of an injustice. Therefore, we recommend that the records be corrected as 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 he was selected for promotion to the grade of Chief Master Sergeant during promotion cycle 07E9 in the Control Air Force Specialty Code of 8T000, and, as a result of his selection, was issued a Promotion Sequence Number of 194. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2007-04054 in Executive Session on 20 March 2008, under the provisions of AFI 36-2603: XXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXX, Member XXXXXXXXXXXXXX, Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 December 2007, w/atchs. Exhibit B. Letter, AFPC/DPSOE, dated 21 December 2007, w/atchs. Exhibit C. Letter, AFPC/JA, dated 4 February 2008, w/atchs. Exhibit D. Letter, Applicant, dated 7 February 2008. Exhibit E. Letter, SAF/MRBR, dated 8 February 2008. XXXXXXXXXXXXXXXXX Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC Office Of The Assistant Secretary AFBCMR BC-2007-04054 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 APPLICANT, be corrected to show that he was selected for promotion to the grade of Chief Master Sergeant during promotion cycle 07E9 in the Control Air Force Specialty Code of 8T000, and, as a result of his selection, was issued a Promotion Sequence Number of 194. XXXXXXXXXX Director Air Force Review Boards Agency