RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NO: 00-00227
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His projected promotion to staff sergeant (E-5) be reinstated.
_________________________________________________________________
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 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, HQ AFPC/DPPPWB
reviewed this application and recommended denial. A complete copy of
the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 18
February 2000 for review and response. As of this date, no response
has been received by this office (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. We took notice of
applicant’s complete submission in judging the merits of the case and
believe he has been the victim of an injustice. We note that the
Personnel Data System (PDS) was not updated to remove the applicant’s
revoked decoration prior to his initial consideration for promotion to
staff sergeant (E-5). Therefore, according to Air Force instruction,
when the data verification was conducted, the discrepancy was detected
and the applicant’s name was removed from the selection list. In this
respect, we are of the opinion that the applicant has been punished
enough by having the AFAM revoked and equity dictates that his
promotion should be reinstated. Furthermore, the applicant’s stellar
performance record reflects his outstanding achievements and
demonstrates his promotion potential in the higher grade. We
therefore believe that to deny applicant his promotion is unjust
considering the circumstances of this case. Based on the above and in
view of the letters of support from his superiors, in order to resolve
any possible injustice to the applicant, we recommend his 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 he was promoted to the
grade of staff sergeant (E-5), with an effective date and date of rank
of 1 March 2000.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 2 May 2000, under the provisions of AFI 36 2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Leta L. O’Connor, Member
Mr. Charlie E. Williams, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jan 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPWB, dated 1 Feb 00.
Exhibit D. Letter, SAF/MIBR, dated 18 Feb 00.
TERRY A. YONKERS
Panel Chair
AFBCMR 00-00227
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 he was promoted
to the grade of staff sergeant (E-5), with an effective date and date
of rank of 1 March 2000.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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