SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-01726
INDEX CODE: 145
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect that he was not placed on the
Temporary Disability Retired List (TDRL) and that he was promoted to
the grade of master sergeant.
_________________________________________________________________
RESUME OF CASE:
In an application to the Air Force Board for Correction of Military
Records (AFBCMR), dated 10 May 95, the applicant requested that his
records be corrected to reflect that he was not placed on the TDRL and
that he be promoted to the grade of master sergeant. On 8 Aug 96, the
Board considered and denied his application. However, before the case
was finalized, the applicant provided additional documentation. This
information was reviewed by the BCMR Medical Consultant who indicated
that there was a basis to grant relief. The Board again considered
the application, with this new information, and on 1 Jul 97, a
majority of the Board recommended partial relief in the form of
supplemental promotion consideration to the grade of master sergeant
by the Calendar Year 1995E7 (CY95E) promotion cycle (see Exhibit U).
The AFBCMR was advised by the Chief, Inquiries/AFBCMR Section,
AFPC/DPPPWB, that an individual cannot be considered for supplemental
promotion consideration while on the TDRL. As a result, on 23 Jul 97,
a corrected directive was inadvertently issued removing the
applicant’s name from the TDRL. As a consequence, the Defense Finance
and Accounting Service (DFAS) commenced recoupment action against the
applicant. In addition, his Military Personnel Flight (MPF)
apparently started processing him for separation under provisions of
the Air Force’s High Year of Tenure (HYT) policy.
On 17 Oct 97, the Memorandum for the Chief of Staff, dated 23 Jul 97,
was revoked (see Exhibit V). This action would allow the applicant to
remain on active duty, and, should have terminated any recoupment
actions by DFAS.
On 26 Aug 97, the applicant requested direct promotion to the grade of
master sergeant contending that the Air Force issued scores on his
behalf by averaging out his scores for 1996 and 1997 test cycles. He
contends that his supplemental promotion consideration should be based
on his records, not on scores for tests he did not have an opportunity
to take. He also contended that he should have been considered for
promotion as a Tactical Command and Control Specialist rather than a
Tactical Aircraft Maintenance Technician. On 7 Jun 98, the Board
denied applicant’s request (see Exhibit W).
On 27 Jul 98, the applicant provided a three-page letter disagreeing
with the Board’s decision based on the fact that his request for
removal of TDRL time was not addressed in the decision and promotion
to the grade of master sergeant cannot be accurately addressed until
the TDRL time issue is resolved (see Exhibit X).
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATIONS:
The Chief, Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed the
applicant’s requests and indicated that the Stripes for Exceptional
Performers (STEP) Program was implemented on 1 Oct 80 and is a program
authorizing commanders of major air commands and Separate Operating
Agencies to select and promote a limited number of outstanding
performers to the grade of staff sergeant through master sergeant. In
this regard, STEP promotions complement the Weighted Airman Promotion
System (WAPS) for the middle grades and are designed to accommodate
unique and unusual circumstances which, in the commander’s judgment,
clearly warrant promotion. Exceptional performers are most often
individuals who have unusual success at mission accomplishment
regardless of the obstacles. The STEP Program is an intensely
competitive selection process. To illustrate, during the last fiscal
year, there was an eligible population of about 123,000 with 422 total
stripes, resulting in a promotion opportunity of about one-third of
one percent. Many individuals who are nominated do not understand why
they are not selected for promotion under the STEP Program and there
is no way to determine an individual’s relative standing or to explain
why an individual was or was not selected. However, it must be
understood that the competitive nature of the selection process caused
by the limited number of quotas is ample reason to explain
nonselection. Nonselection under STEP does not necessarily indicate
an individual is not qualified or deserving of promotion. Rather, in
the board’s judgment, others with whom the member competed,
demonstrated greater potential to perform the duties and assume the
responsibilities of the next higher grade. Nonselection in STEP
promotion competition normally cannot be attributed to any single
factor nor does it mean that an individual’s contributions have been
overlooked or lightly considered. Rather, it is indicative of the
intensely competitive nature of the STEP promotion selection process.
DPPPWB further explains that basic eligibility requirements for
promotion to master sergeant under STEP are: (1) 1 year time-in-grade
(TIG) as a technical sergeant, (2) 8 years’ Total Active Military
Service, (3) completion of the Command Noncommissioned Officer (NCO)
Academy, (4) possess a Primary AFSC (PAFSC) at the 7-skill level, (5)
last Enlisted Performance Report (EPR) not be referral, and (6) no
other negative factors or adverse actions, to include placement on the
Weight Management Program (WMP). The TIG, time in service (TIS),
PAFSC at the 7-skill level, completion of the Command NCO Academy and
no referral EPR requirements were satisfied at the time the applicant
returned to active duty on 1 Mar 95. DPPPWB is unable at this point
to verify any other adverse actions. As a matter of information, AFI
36-2502, Airman Promotion Program, paragraph 2.7, does not allow for
supplemental consideration under the STEP Program.
A complete copy of the Air Force evaluation, with attachment, is
attached at Exhibit Y.
The Chief, USAF Classification Branch, AFPC/DPPAC, reviewed this
application and indicated that based on information available,
applicant’s TDRL 214 reflecting AFSC 27550, 1 year and 6 months, was
incorrect and should reflect AFSC 27530, 1 year and 6 months. There
is no documentation in either applicant’s original package nor this
one to support upgrade to the 5-skill level in AFSC 275X0 (currently
1C4X1). There was no downgrade action. When the applicant was
returned to active duty, the assignment manager considered utilization
in AFSC 2A373J as in the best interest of the Air Force.
A complete copy of the Air Force evaluation is attached at Exhibit Z.
The Registrar, Community College of the Air Force, CCAF/RR, also
reviewed this application and indicated that a review of the
applicant’s records reflect the following:
a. CCAF progress report, dated 25 Apr 95, does not reflect
the 275X0 AFSC (or its new designation, 1C4X1).
b. CCAF progress report, dated 4 Oct 95, does reflect the
1C4X1 AFSC which is the new AFSC number for the old 275X0 AFSC.
Specifically, this report reflects applicant’s AFSC as 1C451. The “5”
indicates the 5-level. This data flows to CCAF from the Air Force
Personnel Center (AFPC) every two weeks as part of the Uniform Airman
Report (UAR).
c. Applicant completed two CCAF degrees as follows:
(1) Aircraft Systems Maintenance Technology - graduating
on 24 Apr 95.
(2) Information Systems Technology - graduating on 26 Oct
95.
d. The CCAF degree program for the 1C4X1 AFSC is the
Information Systems Technology. The 5 level is required for
graduation.
A complete copy of their evaluation, with attachments, is attached at
Exhibit AA.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS:
Applicant reviewed the additional Air Force evaluations and provided a
two-page rebuttal statement indicating, in part, that he has
repeatedly shown the Board that the Air Force made mistakes in his
whole career - from the time of the medical misdiagnosis to today by
the Air Force now saying that his DD Form 214 (Certificate of Release
or Discharge From Active Duty) is now incorrect. He provided a letter
from his commander stating that he should be awarded a 5-level in the
1C4X1 (275X0) AFSC and a copy of his AF Form 623a (On-The-Job Training
Record Continuation Sheet) showing his upgrade progression and that
his supervisor had submitted him for his 5-level in 1C4X1 (275X0)
AFSC. He does not concur with the information from AFPC/DPPAC
regarding his DD Form 214 and AFSCs (see Exhibit CC).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After thoroughly
reviewing the additional documentation, we are again not persuaded
that the applicant’s TDRL time should be voided or he should be
promoted to the grade of master sergeant. As we have previously
determined, applicant’s placement on the TDRL was appropriate; and
secondly, he has been provided supplemental promotion consideration
for all appropriate cycles and not selected. It appears he now wants
the Board to promote him under the STEP program; however, he provides
no evidence he would have been selected, if he had been nominated.
Therefore, we find he has failed to sustain his burden that he has
suffered either an error or an injustice and thus find no compelling
basis to recommend granting the requested relief.
2. With respect to the AFSC issue on applicant’s TDRL DD Form 214,
the Air Force has acknowledged that an error was made on the 275X0
AFSC by showing that applicant has been awarded the five-skill level.
This was apparently detected when applicant was reinstated to active
duty and he was given the correct three-skill level in the
corresponding AFSC (1C4X1). Therefore, since this constitutes nothing
more than a harmless error and applicant provides no documentation to
support his contention that he had been awarded the five-skill level
before being placed on the TDRL, the majority of the Board finds no
compelling basis to change the contested AFSC at the time he was
reinstated.
_________________________________________________________________
THE BOARD DETERMINES THAT:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 22 March 1999, under the provisions of Air Force
Instruction 36-2603:
Ms. Martha Maust, Panel Chair
Mr. Michael P. Higgins, Member
Mr. Gary Appleton, Member
Mrs. Joyce Earley, Examiner (without vote)
By a majority vote, the Board recommended denial of applicant’s
requests. Ms. Maust voted to grant the applicant’s position on AFSCs
and skill level on his DD Form 214 but does not wish to submit a
minority report. The following documentary evidence was considered:
The following documentary evidence was considered:
Exhibit U. ROP, dated 23 Jul 97, w/atch.
Exhibit V. Corrected directive, dated 23 Jul 97.
Exhibit W. Addendum to ROP, dated 15 Jul 98.
Exhibit X. Letter fr applicant, dated 27 Jul 98.
Exhibit Y. Letter, AFPC/DPPPWB, dated 28 Sep 98, w/atch.
Exhibit Z. Letter, AFPC/DPPAC, dated 28 Sep 98.
Exhibit AA. Letter, CCAF/RR, dated 1 Oct 98, w/atchs
Exhibit BB. Letter, AFBCMR, dated 8 Oct 98.
Exhibit CC. Letter fr applicant, dated 14 Oct 98, w/atchs.
MARTHA MAUST
Panel Chair
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