RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01268
            INDEX CODE:  131.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion eligibility be reinstated and that he be  allowed  to  compete
for promotion to staff sergeant in cycle 00E5.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he reported for  his  0730  Weighted  Airman  Promotion  System  (WAPS)
testing appointment it was 0726 and he was not 5 minutes  late  as  reported
by the test examiner.

In support of his request, applicant submitted a copy of his AF  Form  1168,
Statement of Witness/Suspect/Complainant.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
16 Dec 92.  He has been  progressively  promoted  to  the  grade  of  senior
airman, effective and with a date of rank of 16 Dec 95.  The following is  a
resume of his Enlisted Performance Report (EPR) profile:

      PERIOD ENDING    PROMOTION RECOMMENDATION

      15 Aug 94        4
      15 Aug 95        3
      25 Jun 96        5
      25 Jun 97        5
      25 Jun 98        5
      25 Jun 99        5
      25 Jun 00        4

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:

AFPC/DPPPWB, reviewed applicant's request  and  recommends  denial.   DPPPWB
states that the action taken by the applicant's  commander  was  appropriate
and within the spirit and intent of AFI 36-2502,  Airman  Promotion  Program
and AFI 36-2605, Air Force Promotion Tests (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18  Aug
00 for review and response within 30 days.  As of  this  date,  this  office
has received no response.

_________________________________________________________________

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.  Based on the evidence of  record,
it appears that the applicant made every  effort  to  be  at  his  scheduled
promotion testing appointment on time.  Notwithstanding the  fact  that  his
commander's decision to deny him a second opportunity  to  test  was  within
his  discretionary  authority,  we  believe  that  his   actions   were   an
excessively harsh application of the  rules  and  that  any  doubt  in  this
matter  should  be  resolved  in  the  applicant's  favor.   Therefore,   we
recommend that 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 on  13  Apr  00,  he  was  granted  a
waiver of the "No Show" for the  Weighted  Airman  Promotion  System  (WAPS)
testing policy.
It is further recommended that he  be  provided  supplemental  consideration
for promotion to the grade of staff sergeant (E-5) for the OOE5 cycle.

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 24 Oct 00, under the provisions of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. David F. Wenker, Member

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

     Exhibit A.  DD Form 149, dated 1 May 00, w/Atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 2 Aug 00, w/Atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 18 Aug 00.




                                  PATRICIA D. VESTAL
                                  Acting Panel Chair

AFBCMR 00-01268




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 on 13 Apr 00, he was
granted a waiver of the "No Show" for the Weighted Airman Promotion System
(WAPS) testing policy.

       It  is  further  recommended  that  he   be   provided   supplemental
consideration for promotion to the grade of staff  sergeant  (E-5)  for  the
OOE5 cycle.

      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