RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03988
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

1.  His Enlisted Performance Report (EPR), rendered for the period 
15 January 2011 through 14 January 2012, be replaced with two EPRs 
for the periods 15 January 2011 through 4 July 2011 and 5 July 
2011 through 16 January 2012. (Administratively corrected)

2.  He be promoted to the rank of Technical Sergeant (TSgt, E-6). 
(Amended Request)

3. He be reinstated into the Air Force. (Amended Request)


APPLICANT CONTENDS THAT:

Due to a Change of Reporting Official (CRO), he should have had 
two EPRs written during the period in question.  If this action 
was properly completed he would have been able to test to the rank 
of TSgt in 2012.

In support of his request, the applicant provides copies of his 
EPRs, memorandums from his chain of command and various other 
documents related to his request.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 9 December 1998, the applicant entered the Regular Air Force.

On 8 December 2013, he was honorably discharged in the rank of 
Staff Sergeant (SSgt, E-5).  His narrative reason for separation 
is “Reduction in Force.”  He served a total of 15 years active 
service.

In a letter to the applicant dated 10 December 2013, AFPC/DPSID 
advised him that his first avenue of relief for his request to 
replace the 14 January 2012 EPR with the 4 July 2011 and 
16 January 2012 electronic EPRs would be through the Evaluation 
Report Appeals Board (ERAB).  Therefore, his application was 
forwarded to the ERAB and his request was approved.



AIR FORCE EVALUATION:

AFPC/DPSOE recommends the applicant's record be corrected to 
reflect promotion to the rank of TSgt with a Date of Rank (DOR) 
and Promotion Effective Date (PED) of 1 May 2013.  Based on the 
applicant's DOR to SSgt, he would have been eligible for promotion 
to the rank of TSgt beginning with cycle 12E6.  However, he 
received a referral EPR for the period 1 March 2010 through 
14 January 2011 which rendered him ineligible for promotion in 
accordance with AFI 36-2502, Airman Promotion/Demotion Program.

The applicant was considered and nonselected for promotion to the 
rank of TSgt during cycle 13E6.  He was honorably discharged on 
8 December 2013 in the rank of SSgt.  AFPC/DPSIDE has reviewed 
this case and approved the applicant's request to replace the 
14 January 2012 EPR with the 4 July 2011 and 16 January 2012 EPRs.  
If the 4 July 2011 nonreferral report was not in his record for 
cycle 12E6, he would have been eligible to test.  Since he did not 
test to the rank of TSgt until cycle 13E6, his scores from that 
cycle would be applied retroactively to cycle 12E6 and he would 
become a TSgt select with a DOR of 1 May 2013.

The complete DPSOE evaluation, with attachment, is at Exhibit C.

AFPC/DPSOR states that this advisory is for informational purposes 
only.  The applicant's Date of Separation (DOS) for “Reduction in 
Force” was processed in accordance with AFI 36-3208, Administrative 
Separation of Airmen, because he was unable to promote to the rank 
of TSgt.  Based on his High Year of Tenure (HYT), he was discharged 
at the current rank of SSgt with 15 years Total Active Federal 
Military Service (TAFMS).

Every enlisted individual is assigned a HYT date when they reach 
three years time in service.  PSDM 11-110, FY13 High Year Tenure 
(HYT) Adjustments for SrA, SSgts, and TSgts, established the 
criteria for enlisted HYT.  For SSgt, the established HYT date is 
the year and month an individual reaches 15 years TAFMS.  SSgts are 
separated upon reaching 15 years TAFMS if they fail to progress to 
the next higher grade via the Weighted Airman Promotion System.  
The Military Personnel Data System automatically projects these 
individuals for separation 180 days prior to their established DOS.

The applicant was separated based solely on reaching HYT for the 
current rank of SSgt.  In the event the applicant is allowed to 
assume the rank of TSgt, the current basis for discharge will no 
longer exist and he would be able to retire at 20 years TAFMS 
(unless other administrative discharge proceedings are conducted by 
his commander prior to that time frame).

The complete DPSOR evaluation is at Exhibit D.



APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 6 December 2013, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).


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.  Having carefully reviewed 
this application, we agree with the recommendations of the Air 
Force offices of primary responsibility and adopt the rationale 
expressed as the basis for our decision that the applicant has 
been the victim of either an error or an injustice.  Therefore, we 
recommend the applicant's records be corrected as set forth below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that:

      a.  He was promoted to the rank of TSgt, with a DOR and PED 
of 1 May 2013.

      b.  He was not separated on 8 December 2013 in the grade of 
SSgt but on that date he was continued on active duty in the grade 
of TSgt.


?
The following members of the Board considered AFBCMR BC-2013-03988 in 
Executive Session on 26 June 2014, under the provisions of AFI 36-
2603:

 , Panel Chair
 , Member
 , Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 August 2013, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOE, dated 10 January 2014, w/atch.
   Exhibit D.  Letter, AFPC/DPSOR, dated 9 May 2014.
   Exhibit E.  Letter, SAF/MRBR, dated 16 May 2014.





FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

8

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
4

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974