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AF | BCMR | CY1999 | BC-1999-01756
Original file (BC-1999-01756.doc) Auto-classification: Approved

                            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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