. .  

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DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

/ 

Office of the Assistant Secretary 

AFBCMR 98-000860 

MEMORANDUM FOR THE CHIEF OF STAFF 

Under the authority of Section 1552, Title 10, United States 

Code and Air Force Instruction 36-2603, and having assured 
compliance with the provisions of the above regulation, the 
decision of the Air Force Board for Correction of Military Records 
is announced, and it is directed that: 

The pertinen 
Force relating to 
show that he was 
effective and with a date of rank of 1 August 1996, rather than 
1 August 1997. 

artment of the Air 
be corrected to 
er sergeant, 

I  *yA!ik$?y 

Chief  xaminer 

I/  Air Force Board for Correction 

of Military Records 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 9 8 - 0 0 0 8 6 0  

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 
SUBJECT : 

Having carefully reviewed this application, we agree with the 
recommendation of the Air Force office 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, under the authority delegated in AFI 
3 6 - 2 6 0 3 ,   the applicant's records will be corrected as set forth in 
the accompanying Memorandum for the Chief of Staff signed by the 
Executive Director of the Board or his designee. 

Attachments: 
1.  Ltr, HQ AFPC/DPPPWE, dtd May 4, 1 9 9 8  
2 .   Ltr HQ AFPC/DPPPWB, dtd May 5, 1 9 9 8  
3 .   Ltr, HQ AFPC/JA, dtd May 20, 1 9 9 8 ,   w/Atch 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

MEMORANDUM FOR  SAF/MIBR 

4 May,  1998 

FROM:  HQ AFPCDPPPWE 
550 C St West Ste 10 
Randolph AFB TX  78150-4712 

SUBJECT:  Application for Correction of Military Records 

We have reviewed 

an adjustment to his date of rank to 1 Aug 96. 

application and recommend approval of his request for 

As documented in the application, f

 
selected for promotion to MSgt during cycle 96E7, was convicted of cheating on the 96E7 
cheated on his 
Promotion Fitness Examination (PFE) by a General Court Martial. Had -ot 
96E7 PFE, we believe he would not have been selected for promotion.  Additionally, we believe 
would have been lower than MSgt 
ould have been selected for 

score (given his historical PFE av 
score.  Consequently, we believ 

e

who was 

e

o

r

m

promotion at the time initial selections were made. 

Please call myself or Mr Ken Schwartz at DSN 487-2265 if you have any questions or 

need additional information. 

OBERT W. RUSH, MSgt, USAF 
Superintendent, Test Management Section 

D E P A R T M E N T  O F  THE A I R   FORCE 

HEADQUARTERS AIR  FORCE  P E R S O N N E L C E N T E R  

R A N D O L P H  AIR  FORCE  BASE TEXAS 

5  MAY  1998 

MEMORANDUM FOR AFPC/JA 
AFBCMR 
IN TURN 

FROM:  HQ AFPC/DPPPWB 

550 C Street West, Ste 09 
Randolph AFB TX  78 150-47 1 1 

SUBJECT:  Application for Correction of Military Records 

Requested Action.  The applicant is requesting promotion to MSgt effective 1 Aug 96 

with all back pay and allokances from that date.. 

Reason for Request.  The applicant believes that another individual who competed with 
him in promotion Air Force Specialty Code (AFSC) 5JOX1 for the 96E7 cycle, cheated on the 
Promotion Fitness Examination (PFE).  He claims that if this had not occurred he would have 
been promoted to MSgt on 1 Aug 96. 

I' 

Facts.  The applicant was considered for the 96E7 promotion cycle to MSgt (promotions 
effective Aug 96 - Jul 97) and was not selected.  There were 22 selectees when promotions were 
made on 25 May 96 and'he was the number one nonselectee of 90 nonselectees.  His total score 
was 343.78 and the score required for selection in his AFSC was 344.29.  The applicant was 
selected for promotion to MSgt the next cycle, 97E7, and assumed the grade 1 Aug 97. 

.

.

 

Discussion. 
a.  Based on substantiated facts  it has been confirmed that one of the individuals who was 

selected for promotion to MSgt in the applicant's promotion AFSC cheated on the Promotion 
Fitness Examination (PFE).  This individual had a promotion test score of 74.19 the previous 
cycle, but had a score of 97.93 for the 96E7 cycle, the cycle in question. Had this unfortunate 
incident not occurred, the applicant may have been selected instead. 

b.  Adjustments may be made after the fact when it is determined that an individual who 
was selected was ineligible' for promotion consideration at the time.  This normally occurs when 
personnel actions that render someone ineligible, do not have time to process to the promotion 
file by the time selections are made.  Under these circumstances, adjustments may be made to 
promote the number one nonselectee when appropriate.  However, there are no provisions, based 
on current promotion policy ,. for the applicant to be promoted administratively. Although it has 
been confirmed the other individual cheated on the promotion test (and probably would not have 
been selected), at the time promotion selections were made on 25 May 96, he was a valid 

. ,  

selectee.  Consequently, we are unable to take the promotion he received and award it to the 
applicant.  If the applicant had been selected during this cycle, he would have received 
Promotion Sequence Number (PSN) 301.9 which would have been effective and with a date of 
rank of 1 Aug 96. 

Recommendation.  We defer to the decision of the Board but would not object to the 

promotion of the applicant. 

T O M  R. MERRITT 
Chief InquiriedAFB CMR Sect ion 
Airman Promotion Branch 

cc: 
SAF/MIBR 

4 

D E P A R T M E N T  O F  THE A I R   F O R C E  

H E A D Q U A R T E R S  AIR  FORCE P E R S O N N E L  C E N T E R  

R A N D O L P H  AIR  FORCE  B A S E  TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCIJA (Maj Reed) 
550 C Street West Ste 44 
Randolph AFB TX 78 150-4746 

SUBJECT:  Application for Correction of Military Records  : 

-

-

20 May 1998 

 

Applicant requests that his promotion to master sergeant (MSgt), E-7, be effective 1 Aug 
96, with back pay and allowances.  Applicant tested for promotion in Air Force Specialty Code 
(AFSC) 5JOx1 , paralegal career field, for the 96E7 promotion cycle.  Applicant was the number 
also tested in applicant’s AFSC as part 
one nonselect in his AFSC.  Former 
of 96E7 promotion cycle and was selected for promotion to E-7.  TSgt Bush has been tried and 
convicted by court-martial for cheating on the Promotion Fitness Examination (PFE) portion of 
his WAPS (Weighted Airman Promotion System) test.  Had the cheating been discovered prior 
to release of  the promotion results, in our opinion, 

would have been promoted. 

The mere fact that an airman selected for promotion has been removed fiom the 

promotion list for misconduct or for some other reason is not in itself an error justifying a 
decision to promote the number one nonselect.  However, in cases where the reason for removing 
a selected airman from the promotion list involves an issue relating to the removed airman’s 
eligibility to have ever been on the promotion list, it may be an injustice not to promote the 
number one nonselect. 

In this case, we believe an injustice has occurred and recommend that applicant be 

granted the relief sought. 

WILLARD CLOCKWOOD 
Senior Attorney-Advisor