RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04076 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His promotion to the grade of senior airman (SrA/E-4) be accelerated. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He has met the requirements listed on AF Form 3008, paragraph B, Supplement to Enlistment Agreement – United States Air Force, which states “I further understand that I am guaranteed promotion to SrA (E-4) once I have been awarded the three skill- level in my Air Force Specialty (AFS) and have completed 24 months time in service (TIS).” 2. He completed his three skill-level on 7 Jul 11 and will have 24 months TIS effective, 4 May 12 based on the date he entered active duty military service. In support of his request, the applicant provides copies of his AF Form 3007, Acknowledgement and Review on Date of Enlistment; AF Form 1256, Certificate of Training; AF Form 1266, Certificate of Training; and AF Form 3008. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 4 May 10, the applicant enlisted in the Regular Air Force. In Oct 06, the Air Force changed the accelerated promotion to SrA policy for six year enlistees in the Combat Control (CCT) and Pararescue (PJ) Air Force Specialty Codes (AFSCs). Under the old policy, airmen were eligible for promotion to SrA after 24 months TIS. Under the new policy, airmen are not eligible for promotion to SrA until they have 36 months TIS or 28 months time in grade (TIG). In most cases, airmen are promoted to SrA four months later under the new policy. The new policy is contained in a 20 Jun 06, AF/A1 message and an Air Force Recruiting Service (AFRS), 5 Oct 07, procedural guidance message. The new policy was added to AFI 36-2502, Airman Promotion/Demotion Programs, when the instruction was revised and reissued on 31 Dec 09. Although the policy was changed, the AF Form 3008 did not get revised to eliminate the provision for accelerated promotion to SrA after 24 months TIS. The AFRS message directed that this provision be lined out, but that did not always happen. The applicant signed the AF Form 3008, during final processing at the Military Entrance Processing Station (MEPS) prior to departing for basic military training (BMT) as per standard procedures. Both the applicant and the MEPS Air Force Liaison initialed and signed the AF Form 3008 in the appropriate areas; including the statement containing the accelerated promotion to SrA. During BMT the AF Form 3008 was re-accomplished and the promotion statement was lined through and initialed by the applicant and the 737 Training Support Squadron (TRSS) representative. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits B and C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIP recommends denial. Although the revision to AFI 36- 2502 was not published incorporating the policy change until after the applicant signed the AF Form 3008; the AF Form 3008 was corrected during BMT, so he was aware of the change in policy/contract prior to entering technical training school. Also, the applicant acknowledged his understanding and acceptance to the change by initialing and signing the corrected copy. The complete DPSIP evaluation, with attachments, is at Exhibit B. AFPC/JA recommends denial. The new policy was not implemented in a cohesive and timely fashion. Implementation has occurred over a number of years and revision of the AF Form 3008 is still pending. Because of this, AFPC/JA, DPSOE, and DPSIP have determined that when airmen enter the service with a contract for accelerated promotion under the old policy, they are required to honor that contract and apply the old policy. Therefore, airmen with a contract for accelerated promotion to SrA under the old policy will be promoted to SrA based on the old policy. However, in the applicant’s case he initialed a change to his AF Form 3008. With the change, the AF Form 3008 no longer includes the provision for accelerated promotion under the old policy. To obtain relief, the applicant must show by a preponderance of the evidence some error or injustice warranting corrective action by the Board, 10 U.S.C. §1552. There was an error in the applicant’s case; inclusion of the accelerated promotion term in his original AF Form 3008. However, it appears this error was corrected by mutual consent when the AF Form 3008 was revised. The AFPC/DPSIP advisory indicates the revision or change was made during BMT. The applicant did not provide any information or evidence to dispute the validity of the change; his application does not even address it. Based on the available evidence, the AF Form 3008 was properly changed and eliminated the accelerated promotion provision. Even though there is no error in the applicant’s case, there remains the potential issue of injustice. The United States Court of Federal Claims (which was called the United States Claims Court before 1992) has held that “injustice” refers to “treatment by the military authorities that shocks the sense of justice.” Sawyer v United States, 18 Cl. Ct 860 (1989), (citing Reale v. United States, 208 Ct. Cl. 1010, 1011, cert. denied, 429 U.S. 854, 50 l. ED. 2D 129, 97 s. Ct. 148 (1976), rev’d on other grounds, 930 F.2d 1577 (Fed. Cir. 1991). Absent evidence to show the change to applicant’s AF Form 3008 was improper or invalid, there is no injustice in this case. The complete JA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 13 Jan 12 for review and comment within 30 days (Exhibit D). 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis for us to recommend granting the relief sought in this 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-2011-04076 in Executive Session on 19 Apr 12, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Sep 11, w/atchs. Exhibit B. AFPC/DPSIP, Letter, dated 15 Dec 11. Exhibit C. AFPC/JA, Letter, dated 9 Jan 12. Exhibit D. SAF/MRBR, Letter, dated 13 Jan 12. Panel Chair