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ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: 97-02663- DEC
COUNSEL: NONE
HEARING DESIRED: No
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RESUME OF CASE:
In an application dated 2 1 January 1997, applicant requested that
his effective date of promotion to the grade of Senior Master
Sergeant be changed to reflect that he was promoted during cycle
94S8 .
On 17 July 1997, the Board considered and granted
applicant's request (AFBCMR Docket Number 97-00275) . A complete
copy of the Record of Proceedings (ROP) is attached at Exhibit.E.
Applicant submitted another application dated 29 August 1997,
requesting direct promotion to the grade of Chief Master Sergeant
effective during the 95E9 promotion cycle.
On 10 February 1998, the Board considered and denied applicant's
request on the basis that insufficient evidence of either an
error or an injustice had been presented which warranted
corrective action. A complete copy -of the ROP is attached at
Exhibit F.
Applicant has submitted additional documentation and requested
reconsideration of his application (Exhibit G). Applicant's case
has been reopened at this time to consider this issue.
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AIR FORCE EVALUATION:
The Chief, Inquiries/BCMR Section, AFPC/DPPPW, reviewed the
request and recommends denial of direct promotion to the grade of
senior master sergeant. They state that when they wrote their
19 September 1997 advisory indicating that applicant could be
provided supplemental promotion consideration, it was with the
understanding that he had a USAF Supervisory Examination (USAFSE)
score. They failed to recognize that applicant had a projected
date of retirement of 1 November 1997. A s stated in their
16 April 1998 letter to applicant, without a USAFSE test score,
supplemental promotion consideration could not be provided. The
total weighted score (to include the USAFSE) is subtracted from
the cutoff score required for selection to determine what board
score is needed to be selected by the original board. The cutoff
score required f o r selection is comprised of both a weighted
score and a board score. This board score is then used to
AFBCMR 97-02663
determine which six benchmark records are used as a basis of
comparison. Since applicant voluntarily retired 1 November 1997
and had not taken the USAFSE required for Chief Master Sergeant,
supplemental consideration could not be provided.
Since
applicant requested his DEROS be curtailed from January 1998 to
November 1997 and voluntarily retired effective 1 November 1997,
he was not eligible for promotion consideration during cycle
9739. Testing for this cycle was done in August 1997, selections
completed 31 October 1997, with promotions effective January 1998
through December 1998. Had he been eligible, his USAFSE score
from the 97E9 cycle would have been applied retroactivelv to the
9539 and 9639 cycles and he would havebeen provided supplemental
consideration on 4 May 1998.
While the applicant claims his record was above the average
selectee in every category, this is merely speculation. There is
no way of knowing at this point how a promotion board would have
evaluated his record. They cannot determine now if he would have
been selected for either the 9539 or 9639 cycles. If he had been
selected for the 9539 cycle, he would have received'a sequence
number which would have been incremented on 1 November 1996; if
selected during 96E9, he would have received a number incremented
on 1 October 1997. Since he retired on 1 November 1997, he would
not have satisfied the two year active duty service commitment
(ADSC) required for promotion to the top three grades, if
selected for either cycle.
A complete copy of the evaluation is attached at Exhibit H.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and states that while
it is true that he was ineligible for promotion consideration
during cycle 9737, his request is to be considered by cycle 9539,
a cycle for which he was eligible, but for which he was not given
the opportunity to compete. He was made eligible for cycles 9539
and 96E9 due to a change in his promotion effective date to
senior master sergeant being adjusted. His records that would
have been reviewed by the those promotion boards would have been
superior in nearly every category considered. During the same
time frame, a promotion board looked at his records and rated
them in the top one percent of the career field to senior master
sergeant. During that time, the promotion rate to chief master
sergeant was 18 percent. He believes that in his case there was
a clear injustice which is the purpose of the "Correction to
Military Records" to correct.
Applicant's complete response is attached at Exhibit J.
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THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After thoroughly
reviewing the evidence of record, we are not persuaded that
applicant should be promoted to the grade of chie€ master
sergeant through the correction of records process. In summary,
based on applicant's original
date of rank to senior master
sergeant, the first time he would have been eligible to test for
chief master sergeant was during cycle 9739; however, since he
had an established date of retirement of 1 November 1997, he was
ineligible to test for this cycle.
The Air Force Personnel
Center advised the Board that should applicant's date of rank be
adjusted to 1 January 1994, he would be eligible for supplemental
promotion consideration, but they did not take into account his
established date of retirement.
Therefore, when the Board
recommended the adjustment of his DOR to 1 January 1994, he
became eligible for supplemental promotion consideration for
cycles 9539 and 9639.
However, since he was ineligible for
promotion consideration for cycle 9739, he never took the
requisite USAFSE. Without this test, the Air Force could not
provide him supplemental promotion consideration as they had
indicated they would since there was no USAFSE test score
available to be applied retroactively to cycles 9539 and 9639.
While applicant is entitled to feel that this is unfair, by the
same token, he virtually tied the Air Force's hands to provide
him supplemental promotion consideration. In this respect, he
was not required to retire, however, he voluntarily chose to
retire in November 1997, well before his high year of tenure.
The evidence is indisputable, he never tested for chief master
sergeant and yet he wants the Board to promote him. Although he
contends that his record is above the average selectee, this is
merely his opinion. Without clear-cut evidence that he would
have been a selectee, we find no basis upon which to grant his
request. While it is unfortunate that he will be unable to be
considered for supplemental promotion to the grade of chief
master sergeant, this Board is keenly aware of the stiff
competition there is f o r this grade and simply because applicant
was selected for promotion to the grade of senior master
sergeant, that is no guarantee he would have been selected for
the next higher grade.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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.
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AFBCMR 97-02663
The following members of the Board considered this application in
Executive Session on 29 September 1998, under the provisions of
AFI 36-2603:
Mr. Michael P. Higgins,
Mr. Richard A. Peterson, Member
Mr. Terry A. Yonkers, Member
Panel Chair
The following documentary evidence was considered:
Exhibit E .
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I .
Exhibit J.
ROP, dated 12 Aug 97, w/atchs.
ROP, dated 6 Mar 98, w/atchs.
Applicant's Letter, dated 2 Ju
- Letter, AFPC/DPPPW, dated 7 Au
Letter, AFBCMR, dated 24 Aug 9
Applicant's response, dated, 25
. .
98 ./ -
Panel Chair
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