AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

8EP  P S  898 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03590 

L  >. 

COUNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REQUESTS THAT: 

His  date  of  rank  (DOR) to  the  grade of  senior  airman  (E-4) be 
changed from 24 Sep 97 to 1 Jan 97. 

APPLICANT CONTENDS THAT: 
His pay  grade to  senior airman was never updated in Jan 97 but 
was  updated  in  Sep  97.  On  22 Sep  97,  someone  in  promotions 
promoted him to senior airman when in fact they should have made 
his promotion date 1 Jan 97.  He was denied his proper rank far 
his final year in the military and he was denied money which is 
still owed him because of human error. 

In support of his appeal, the applicant provided a copy of his DD 
Form 214  (Certificate of Release or Discharge From Active Duty), 
a  copy  of  his  Referral  Enlisted  Performance  Report  (EPR), an 
Article  15,  and  an  Unfavorable  Information  File  (UIF) Action 
removing the Article 15. 
Applicant's  complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
The applicant enlisted in the Regular Air Force on 23 Nov 93 for 
a period  of  four  years  in  the  grade  of  airman basic.  He  was 
progressively promoted to the grade of senior airman, effective, 
and with a DOR of 24 Sep 97. 
Applicant's  Enlisted Performance Report  (EPR) profile follows: . .- 

PERIOD ENDING 

OVERALL  EVALUATION 

22 Jul 95 
22 Jul 96 
1 Jan 97 

5 
4 (Referral Rpt) 
5 

AFBCMR 97-03590 

On 10 Apr 97, the applicant received an Article 15, Uniform Code 
of Military Justice  (UCMJ), for on or about 20 Jan 97, at or near 
Lackland AFB, Texas, operating a vehicle in a reckless manner by 
accelerating  excessively,  causing  the  vehicle  to  spin  o u t   of 
control.  The  applicant  indicated, by  initialing the Reco"r3 of 
Nonjudicial  Punishment  Proceedings that  he  consulted  a  lawyer; 
that  he  waived  his  right  to  court-martial  and  accepted 
nonjudicial proceedings under Article 15, UCMJ; that he requested 
to make a personal appearance before the commander; that he did 
not  desire  that  it be  public;  and,  that he  attached  a written 
presentation. 
For  the  foregoing  offense,  the  applicant  was 
reduced  from  the  grade  of  airman  first  class  to  the  grade  of 
airman.  However,  the  reduction  in  grade  was  suspended  until 
9 Oct 97, after which time it was to be remitted without further 
action, unless sooner vacated. 
On  23 Jul  97,  the  Article  15  in  question was  remitted by  the 
commander. 
On 4 Aug 97, the commander removed the 10 Apr 97 Article 15 from 
applicant's  UIF. 

On 22 Nov  97, the applicant was released from active duty under 
the  provision  of  AFI  36-3208  (Completion of  Required  Active 
Service) with  an  honorable  characterization of  service  in  the 
grade of senior airman.  He was credited with  4 years of active 
service. 

AIR FORCE EVALUATION: 

The  Chief,  Inquiries/AFBCMR Section, AFPC/DPPPWB,  reviewed this 
application and indicated that basic eligibility requirements for 
promotion  to  senior  airman  are  a  minimum  of  36 months'  total 
active federal military service  (TAFMS) and 20 months'  time-in- 
grade  (TIG) as an airman first class  (both requirements must be 
met)  or  28  months'  TIG  whichever  is  satrsfied  first,  not  be 
ineligible for any of the reasons outlined in AFI 36-2502, Table 
1.1, or Headquarters AFMPC/DPMA AIG 8106, Jun 95 message, possess 
a 3-skill level Primary Air Force Specialty Code  (PAFSC) and be 
recommended  for  promotion  by  the  commander. 
Although  the 
applicant met the 36 months'  time-in-service (TIS) and 20 months' 
TIG  requirement on 23 Nov  96 and had  the  3-level PAFSC, he  had 
received a referral EPR closing 22 Jul 96.  This EPR rendered him 
automatically ineligible for promotion until he received another 
EPR with a rating of "3"  or higher that was not a referral.  He 
subsequently  received  another  EPR  closing  1 Jan  97  witb.5' an 
overall  rating  of  "5"  with  both  the  rater  and  indorser 
recommending  promotion  to  senior  airman. 
Based  on  the 
documentation the applicant provided, DPPPWB cannot determine why 
he was not promoted on 1 Jan 97. 

2 

AFBCMR 97-03590 

The suspended reduction applicant received due to an Article  15 
rendered him automatically ineligible for promotion  until  9 Oct 
97  (AFI 3 6 - 2 5 0 2 ,   Table 1.1, Rule W) .  The documentation included 
in the case file reflects the Article 15 was removed from the UIF 
on  4 Aug  97  and  the  applicant’s  former  base  of  assigrhent 
(Lackland AFB) was contacted and the Article  15 was  remitted by 
the  commander  on  2 3   Jul  97.  DPPPWB  cannot  determine  why  the 
applicant was not promoted on 23 Jul 97 when the Article  15 was 
remitted and the suspended reduction (ineligibility condition) no 
longer existed.  Regardless, no individual may be promoted unless 
recommended  and  approved  by  the  commander.  The  applicant has 
provided no documentation regarding a commander‘s recommendation. 
Without a statement from the commander supporting an earlier date 
of  promotion  than  24 Sep  97,  DPPPWB  does  not  recommend  the 
applicant’s  request  be  approved. 
If  the  Board  disagrees,  it 
could promote him to senior airman with a DOR and effective date 
of 1 Jan 97 or 23 Jul 97 when the Article 15 was remitted. 
A complete copy of the Air Force evaluation, with attachments, is 
attached at Exhibit C. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION: 
A copy of the Air Force evaluation was forwarded to applicant on 
27 Jan 98 for review and response.  As of this date, no response 
has been received by this office. 

- 

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 probable error or injustice.  After 
thoroughly reviewing the evidence of record, we find insufficient 
documentation to recommend changing applicant’s DOR to 1 Jan 97. 
It  appears  from the  documentation submitted that  applicant met 
the  eligibility  requirements  for promotion  to  senior airman on 
1 Jan  97;  however,  we  find  insufficient  evidence  that  his 
commander formally recommended him  for promotion as  required by 
the  governing  instructions.  We  are  aware  that  promotions  to 
senior  airman  are  done  by  roster  list  which  is  prepa-red 
approximately on  the  20th  of  each  month.  In view  of  the  fact 
that  the  incident  for  which ‘applicant received  the  Article  15 
occurred on 20 Jan 97,  it is very likely that the commander did 
not  recommend  him  for  promotion  to  senior  airman  because 
undoubtedly,  he  was  reviewing  the  situation  to  determine  what 
action  was  to  be  taken  with  respect  to  the  misconduct. 

3 

AFBCMR 97-03590 

Therefore, we  find no  compelling basis  upon which  to  recommend  - 
changing his DOR to 1 Jan 97. 
4.  Notwithstanding the above determination, we believe some .form 
of relief is warranted.  In this respect, we believe applidant's 
DOR to senior airman should be changed to 23 Jul 97, the day the 
Article 15 was remitted.  In coming to this conclusion, we noted 
that applicant met  the TIS and TIG requirements; possessed a 3- 
skill level in his PAFSC; and, he had received a rating of " 5 "   on 
his  EPR  closing  1 Jan  97  which  also  included  promotion 
recommendations by both the rater and indorser.  In view of the 
fact that the commander who imposed the Article 15 remitted it 2% 
months  early,  it  is  unclear  as  to  why  the  commander  did  not 
recommend  promoting  applicant  at  that  time. 
Clearly,  the 
applicant met  the  eligibility  criteria.  Therefore, we  believe 
any doubt regarding this situation should be in resolved in favor 
of the  applicant.  In view of the  foregoing, we  recommend that 
his 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 promoted 
to the grade of senior airman  (E-4) effective and with a DOR of 
23 Jul 97, rather than 24 Sep 97. 

The following members of the Board considered this application in 
Executive Session on 25 August 1998, under the provisions of AFI 
36-2603 : 

Mrs. Barbara A. Westgate, Panel Chair 
Ms. Olga M. Crerar, Member 
Ms. Patricia D. Vestal, Member 
Mrs. Joyce Earley, Examiner  (wythout vote) 

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

Exhibit A.  DD Form 149, dated 3  Dec 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPPPWB, dated 8 Jan 98, w/atchs. 
Exhibit D.  Letter, AFBCMR, dated 27 Jan 98. 

Panel Chair 

4 ,  

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 
AFBCMR 97-03590 

*SEP 2 3 
. 

A 

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: 

records  of the Department of  the  Air  Force relating  to 
corrected  to  show  that  he  was  promoted  to  the 
th a date of rank (DOR) of 23 July  1997, rather than 24 September 

1997. 

* 

c/ Air Force Review Boards Agency 

Director 

v