RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01756
INDEX CODE: 131.09
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to technical sergeant (TSgt) in promotion cycle 98E6.
_________________________________________________________________
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 is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, 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 Chief, Inquiries/BCMR Section, Enlisted Promotion & Mil Testing
Br, AFPC/DPPPWB, reviewed the application and states that based on
substantiated facts available at this time, it has been confirmed that
one of the individuals who was selected for promotion to TSgt in the
applicant’s promotion Air Force Specialty Code (AFSC) during the 98E6
cycle, cheated on the Promotion Fitness Examination (PFE). This
individual was convicted of cheating by a General Court Martial. Had
this unfortunate incident not occurred, the applicant may have been
selected instead. 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
nonselect when appropriate. However, there are no provisions, based
on current policy, for the applicant to be promoted administratively.
Although it has been confirmed the other individual cheated on the PFE
(and probably would not have been selected), at the time promotion
selections were made on 20 May 1998, he was a valid selectee.
Consequently, they 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)
5717.9 which would have an effective date and date of rank of
1 January 1999. However, the applicant’s Promotion Eligibility Status
(PES) Code is “C” effective November 1998. This code identifies a
career airman who applies for retirement in lieu of or declines to
extend or reenlist to obtain service retainability for a controlled
duty assignment, permanent change of station (PCS), TDY, and
retraining; declines retraining as outlined in AFI 36-2626, Airman
Retraining Program; or declines attendance to the Senior NCO or NCO
Academy. These are automatic ineligible for promotion reasons in
accordance with AFI 36-2502, Table 1.1, Rule 3. Specifically, the
applicant is stationed at Elmendorf AFB, Alaska and declined to obtain
the required service retainability for reassignment to the CONUS. If
the applicant applies to have the declination statement withdrawn and
agrees to accept an assignment, the Office of Responsibility, HQ
AFPC/DPAA, has agreed to support this request. They have no
objections to the Board approving the applicant’s request to be
promoted to TSgt contingent upon removal of the PCS declination
statement and his acceptance of an assignment.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
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. The Air Force states
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 nonselect when
appropriate. However, there are no provisions, based on current
policy, for the applicant to be promoted administratively. Therefore,
they have no objections to the Board approving applicant’s request.
In view of the foregoing, and in an effort to offset any possibility
of an injustice, we believe the applicant’s record should be corrected
to the extent listed below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to reflect that he be promoted to
the grade of technical sergeant effective and with date of rank 1
January 1999, contingent upon removal of his Permanent Change of
Station (PCS) declination statement and his acceptance of an
assignment.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 31 August 1999 under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Mr. David C. Van Gasbeck, Member
Mr. Wayne R. Gracie, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 July 1999, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 2 Aug 99.
CHARLES E. BENNETT
Panel Chair
AFBCMR 99-01756
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 , be corrected to show that he be
promoted to the grade of technical sergeant effective and with date of
rank 1 January 1999, contingent upon removal of his Permanent Change
of Station (PCS) declination statement and his acceptance of an
assignment.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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