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AF | BCMR | CY1999 | 9802809
Original file (9802809.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  98-02809
                       INDEX CODE:  131.00

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reconsidered for promotion to staff sergeant (E-5) for the 93A5  cycle
(promotions effective Sep 92 - Aug 93) in Air Force  Specialty  Code  (AFSC)
545X2 and to  technical  sergeant  (E-6)  for  the  98E6  cycle  (promotions
effective Aug 98 - Jul 99) in AFSC 3E1X1.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in the letters prepared  by  the
appropriate offices of the Air Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The USAF Classification Branch,  HQ  AFPC/DPPAC,  and  the  Inquiries/AFBCMR
Section, HQ AFPC/DPPPWB, reviewed this application and  recommended  denial.
Complete copies of the evaluations are at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s response to the advisory opinions is at Exhibit D.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After reviewing  the  applicant’s
submission and the evidence of record, we believe the applicant is  entitled
to corrective action.  Given the  unusual  circumstances  involved  in  this
case, we believe the applicant may have been treated unjustly.   It  appears
that due to the impending restructuring of the Civil  Engineering  (CE)  Air
Force  Specialty  Codes  (AFSCs),  the  applicant  was  forced  to  make  an
uneducated decision concerning his career based on speculation.  We  believe
that had the applicant been fully aware that the career fields  were  to  be
combined, he most likely  would  not  have  cross-trained,  but  would  have
stayed on the Career Job Reservation (CJR) list  in  his  old  AFSC  (545X2)
until he was eligible for promotion consideration in  that  AFSC.   Although
it was indicated that the applicant would have  been  separated  if  he  had
waited until the merger was approved, we do not believe  the  applicant  was
properly counseled on what his options were due to the  uncertainty  of  the
upcoming classification  change;  i.e.,  the  possibility  of  receiving  an
enlistment extension.  We are therefore persuaded by the evidence  presented
that the applicant’s career decision was  based  on  inadequate  counseling.
In view of the foregoing, we recommend the applicant’s 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:

      a.  On 31 March 1992, his Air Force Specialty Code  (AFSC)  was  545X2
(Heating Systems).  Effective 1 April 1992, his AFSC was  changed  to  3E1X1
(Heating, Ventilation, Air Conditioning and Refrigeration.

      b.  He be provided supplemental consideration  for  promotion  to  the
grade of staff sergeant for cycle 93A5 in Air Force  Specialty  Code  (AFSC)
545X2.

If selected for promotion to the grade of  staff  sergeant  by  supplemental
consideration, he be  provided  any  additional  supplemental  consideration
required as a result of that selection, if applicable.

If AFPC discovers any adverse factors during or subsequent  to  supplemental
consideration that are separate and  apart,  and  unrelated  to  the  issues
involved in  this  application,  that  would  have  rendered  the  applicant
ineligible for the  promotion,  such  information  will  be  documented  and
presented to the  Board  for  a  final  determination  on  the  individual's
qualifications for the promotion.

If  supplemental  promotion  consideration  results  in  the  selection  for
promotion to the higher grade, immediately after such promotion the  records
shall be corrected to show that he was promoted to the higher grade  on  the
date of rank established by  the  supplemental  promotion  and  that  he  is
entitled to all pay, allowances, and benefits  of  such  grade  as  of  that
date.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 23 March 1999, under the provisions of AFI 36-2603:

                  Ms. Patricia J. Zarodkiewicz, Panel Chair
                  Ms. Olga M. Crerar, Member
              Ms. Dorothy P. Loeb, Member

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

   Exhibit A.  DD Form 149, dated 29 Sep 98, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAC, dated 13 Nov 98.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 19 Nov 98.
   Exhibit E.  Letter, SAF/MIBR, dated 14 Dec 98.
   Exhibit F.  Letter from applicant, undated.



                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair


AFBCMR 98-02809
INDEX CODE:  131.00



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:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:

      a.    On 31 March 1992, his Air Force Specialty Code (AFSC) was 545X2
(Heating Systems).  Effective 1 April 1992, his AFSC was changed to 3E1X1
(Heating, Ventilation, Air Conditioning and Refrigeration.
.

                 b.    He be provided supplemental consideration for
promotion to the grade of staff sergeant for cycle 93A5 in Air Force
Specialty Code (AFSC) 545X2.

            If selected for promotion to the grade of staff sergeant by
supplemental consideration, he be provided any additional supplemental
consideration required as a result of that selection, if applicable.

            If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated to
the issues involved in this application, that would have rendered the
applicant ineligible for the promotion, such information will be documented
and presented to the Board for a final determination on the individual's
qualifications for the promotion.

            If supplemental promotion consideration results in the
selection for promotion to the higher grade, immediately after such
promotion the records shall be corrected to show that he was promoted to
the higher grade on the date of rank established by the supplemental
promotion and that he is entitled to all pay, allowances, and benefits of
such grade as of that date.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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