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AF | BCMR | CY1999 | 9802328
Original file (9802328.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02328
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the rank of staff sergeant (E-5) with all back  pay  and
benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was denied a promotion that he rightly earned due to  circumstances
and errors beyond his control.

In support of his appeal, the applicant provided a personal statement,
and documentation pertaining to  his  reenlistment  ineligibility  and
Weighted Airman Promotion System (WAPS) promotion testing.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records reflects that the applicant,  a
former United States Air Force Academy cadet, was ordered to  extended
active duty on 1 Jun 94.

A Memorandum for the Chief of Staff, dated 25 Jun 96,  indicates  that
the applicant’s records was corrected to reflect that he was called to
active on 30 Jun 93, rather 1 Jun 94, and that his active duty service
commitment was fulfilled on 29 Jun 96, rather than 31 May 97.

Applicant was honorably discharged on 31 Jul 96 under  the  provisions
of AFI 36-3208  (Completion  of  Required  Active  Service).   He  was
credited with 3 years, 1 month, and 2 days of active duty service.

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Enlisted  Promotion  and  Military  Testing  Branch,  AFPC/DPPPWB,
reviewed this application and recommended denial.  DPPPWB  noted  that
the applicant was initially ordered  to  extended  active  duty  (EAD)
involuntarily, on 1 Jun 94  for  a  period  of  three  years.   AFBCMR
Memorandum 95-02244, dated 25 Jun 96, corrected the record to show  he
was ordered  to  EAD  30  Jun  93,  vice  1  Jun  94.   The  applicant
erroneously tested for promotion to staff sergeant for the 95E5  cycle
on 8 May 95.  After he had tested,  it  was  determined  that  he  was
ineligible because he did not have  the  required  Primary  Air  Force
Specialty Code (PAFSC) at the "5" Skill Level as required by  AFI  36-
2502, Table 2.1, Rule 2, Column B.  The  applicant  was  selected  for
promotion to staff sergeant the next cycle, 96E5, but was  discharged,
on 31 Jul 96, before his promotion would have been effective on 1  Mar
97.  He was discharged on  31  Jul  96  upon  completion  of  required
service.

DPPPWB indicated that the applicant entered EAD on 1 Jun  94  in  AFSC
2T111.  He was upgraded to the “3” Skill Level (AFSC 2T131) on 28  Jul
95 and was upgraded to the “5” Skill Level (AFSC 2T151) on 1  Feb  96.
In order to be eligible for promotion for the 95E5 cycle, he must have
held a “5" Skill Level AFSC by 31  Mar  95  which  was  the  Promotion
Eligibility Cutoff Date (PECD) for this  cycle.   Again,  he  was  not
upgraded to the required skill level until 1  Feb  96,  which  was  10
months after the required date.  The applicant was  ineligible  for  a
Primary AFSC Skill Level Waiver by his commander because there was  no
interruption in his training.

DPPPWB noted that, although  the  applicant  was  ineligible  and  was
erroneously tested, his Promotion Fitness Examination (PFE) score  was
70.65  and  his  Specialty  Knowledge  Test  (SKT)  score  was  84.00.
According to DPPPWB, if he had been eligible for promotion, his  total
score would have  been  326.31  and  the  cutoff  score  required  for
selection in his AFSC was 294.85.  He would  have  received  Promotion
Sequence Number (PSN) 9266.9, which would have been  effective  1  Jun
96.

A complete copy of the DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  28
Sep 98 for review and response.  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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of evidence that the
applicant met the eligibility criteria for promotion to the  grade  of
staff sergeant during the 95E5 cycle, we find no compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 Jun 99, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Patrick R. Wheeler, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jul 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 14 Sep 98.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 98.




                                   RICHARD A. PETERSON
                                   Panel Chair

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