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AF | BCMR | CY1999 | 9803077
Original file (9803077.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03077
            INDEX NUMBER:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be given supplemental  promotion  consideration  to  the  grade  of
senior master sergeant for cycle 98E8, with the citation for the Joint
Service Achievement Medal (JSAM) included in his Senior NCO  Selection
Folder.

___________________________________________________________________

APPLICANT CONTENDS THAT:

When he became eligible for promotion consideration,  he  ensured  the
JSAM was correctly reflected on his Data Verification Record (DVR) and
assumed that his military personnel flight (MPF) had  sent  the  medal
citation to the Air Force Personnel Center (AFPC).  After arriving  at
his current duty station in July 1998, he  requested  and  received  a
copy of his Senior NCO Selection Folder and discovered that  the  JSAM
citation was not there.

Air Force policy is that a decoration is not considered  missing  from
the Senior NCO Selection  Folder  if  it  is  shown  on  the  computer
printout in the folder, even if the actual  citation  is  not  in  the
folder.  By not allowing the actual contents of  the  citation  to  be
considered, AFPC is not allowing  board  members  access  to  critical
information bearing directly on the factors it charges  board  members
to consider.

The contents of the contested citation are of great  significance  and
its absence from his selection folder  prevented  him  from  receiving
fair promotion consideration.

Applicant’s complete statement and documentary evidence  submitted  in
support of his application are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data  System  (PDS)  reflects
applicant’s Total Active Federal Military  Service  Date  (TAFMSD)  as
27 September 1982.  He is currently serving  on  active  duty  in  the
grade of master sergeant, with a date of rank of 1 May 1996.

Applicant’s APR/EPR profile is as follows:

    PERIOD CLOSING     OVERALL EVALUATION

       3 Oct 88  9
       3 Oct 89  9
       3 Oct 90 (EPR)  5
       3 Oct 91  5
       3 Oct 92  5
       3 Oct 93  5
       3 Oct 94  5
      14 Apr 95  5
      14 Apr 96  5
      14 Apr 97  5
      14 Apr 98  5

AFPC/DPPPWB stated that the Senior NCO Evaluation Board for  the  98E8
promotion cycle convened on 11 Feb 98 and  promotion  selections  were
completed on 20 Feb 98.  The applicant’s board score was 405.00.   His
total score was 657.80 and the score required for selection in his Air
Force Specialty Code (AFSC) was 665.72.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Enlisted  Promotion  &  Military  Testing  Branch,   AFPC/DPPPWB,
reviewed this application and recommended  denial.   DPPPWB  stated  a
review of the applicant’s HQ Air Force Selection Folder reflects  that
the citation for the  JSAM  was  filed  in  his  selection  folder  on
16 October 1998.  Although the citation for the subject decoration was
not filed in his selection  folder  until  after  the  board,  it  was
reflected on the Senior NCO  Evaluation  Brief  and  reviewed  by  the
Evaluation Board.  Also, the applicant’s EPR  closing  14 April  1997,
included in  the  selection  folder,  devotes  several  lines  to  his
accomplishments for his JSAM.  The Evaluation Board which convened  on
11 Feb 98 reviewed his records and assigned  the  405.00  board  score
with full knowledge of  the  decoration.   Based  on  this  fact,  the
applicant was properly considered for promotion during cycle 98E8  and
is not entitled nor authorized  supplemental  promotion  consideration
for the 98E8 cycle (Exhibit C).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  believes  the  advisory  opinion  contains  inaccurate  and
misleading statements.  The Senior NCO Evaluation Brief reflected that
he had been awarded a JSAM, but the citation was  never  seen  by  the
Evaluation Board.  Although  two  selected  accomplishments  from  the
citation were included in  his  14  April  97  EPR,  five  significant
accomplishments were not included, and, therefore not considered.

He  stated  the  advisory  opinion  contains   several   significantly
inaccurate statements.  The fact  remains  that  the  absence  of  the
citation from his selection folder prevented him from  receiving  fair
promotion consideration by the 98E8 cycle.

Applicant’s response is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  In this regard,  the  award
of the Joint Service Achievement Medal (JSAM)  was  reflected  on  the
applicant’s Senior NCO Evaluation  Brief  for  promotion  cycle  98E8;
however, the citation to accompany the award was not included  in  his
Selection Folder.  It is not certain what impact the  absence  of  the
said citation may have had on the applicant’s chances for promotion to
the grade of senior master sergeant.  However, in the opinion  of  the
majority of the Board, the applicant earned this award and the members
of the selection board should have had the benefit of the contents  of
the citation when considering the applicant for promotion.  Therefore,
a majority of  the  Board  recommends  that  the  applicant  be  given
supplemental consideration for promotion to the grade of senior master
sergeant with the citation for the JSAM included in his records.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be considered by  supplemental  procedures  for
promotion to the grade of senior master sergeant beginning with  cycle
98E8, with the  citation  for  the  Joint  Service  Achievement  Medal
(JSAM), awarded for the period 22 May 1996 to 9 July 1996, included in
his HQ Air Force Selection Folder.

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 2 March 1999, under the  provisions  of  AFI  36-
2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Roger E. Willmeth, Member

By  a  majority  vote,  the  members  voted  to  correct  the  record.
Mr. Barbino voted to deny the request and did not desire to  submit  a
minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Oct 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 17 Nov 98.
     Exhibit D.  Letter, SAF/MIBR, dated 30 Nov 98.
     Exhibit E.  Letter from Applicant, dated 21 Dec 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair


INDEX CODE:  131

AFBCMR 98-03077




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 considered by supplemental
procedures for promotion to the grade of senior master sergeant
beginning with cycle 98E8, with the citation for the Joint Service
Achievement Medal (JSAM), awarded for the period 22 May 1996 to 9 July
1996, included in his HQ Air Force Selection Folder.

      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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