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AF | BCMR | CY2000 | 0002106
Original file (0002106.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02106

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He automatically be promoted to the grade of master sergeant (E-7)  for  the
1998 cycle due  to  his  recent  supplemental  promotion  to  the  grade  of
technical sergeant (E-6).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He missed three opportunities to test for  master  sergeant  because  of  an
illegal policy by Air Education and Training  Command  (AETC)  to  give  new
instructors “4” Enlisted Performance Reports (EPRs).

As a result of the Board’s consideration of his earlier  appeal,  his  EPRs,
closing 26 June 1992 and 26 June 1993, were changed from “4s”  to  “5s”  and
he  was  considered  for  promotion  to  the  grade  of  technical  sergeant
commencing with cycle 94A6.  He was selected for  an  earlier  promotion  to
technical sergeant and his date of rank (DOR)  was  changed  to  1  December
1995.  This made him eligible for  promotion  to  master  sergeant  in  1998
(Exhibit C).

He contacted Promotion and Testing at Randolph AFB, Texas and they  informed
him that he would be given 30 days to prepare for  master  sergeant  testing
and that his score would be  applied  to  the  1998,  1999,  and  2000  test
cycles.  He was told there was no Air Force Instruction (AFI)  covering  his
situation and their justification was “this is the way it  has  always  been
done.”

In support of his request, applicant submits documents associated  with  the
consideration of his earlier appeal, a message announcing his  selection  to
technical sergeant, and an extract of AFI 36-2605.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________





STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of  technical
sergeant.  He was selected for promotion to the grade of technical  sergeant
during the 98E6 cycle, with a DOR and effective date of 1 September 1998.

In December 1998, the applicant appealed to the  Evaluation  Reports  Appeal
Board (ERAB) to change the overall evaluations on his EPRs, closing 26  June
1992 and 26 June 1993, from a “4” to a “5.”  On  26  January  1999,the  ERAB
denied his appeal.  His requests were considered and approved by  the  Board
on 31 May 2000 (Exhibit C).

On 21 July 2000, as  a  result  the  Board’s  decision,  the  applicant  was
considered for  promotion  to  the  grade  of  technical  sergeant  and  was
selected for the 95E6 cycle.  As a result of his  selection,  his  effective
date and DOR for technical sergeant were changed from 1 September 1998 to  1
December 1995.

The applicant has a projected retirement date of 1 July 2001  based  on  his
High Year of Tenure (HYT).

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Inquiries/AFBCMR  Section,  Enlisted  Promotion  and   Military
Testing, AFPC/DPPPWB, reviewed the application  and  states  that  promotion
tests are  valid  starting  on  the  day  following  the  cycle’s  Promotion
Eligibility Cutoff Date (PECD) and expire on the day  of  the  next  cycle’s
PECD.  Since he had not  originally  been  eligible  for  consideration  for
promotion to master sergeant during the 98E7, 99E7 and 00E7 cycles,  he  had
not take the required tests.  In view of the  requirement  for  supplemental
promotion consideration for these cycles, his test scores from  the  current
cycle (i.e., 00E7) must be used.   Tests  from  the  98E7  and  99E7  cycles
became obsolete and were destroyed.  Obsolete tests are  never  administered
and used for supplemental consideration.  This policy is  neither  arbitrary
or  capricious.   To  promote  the  applicant  would  be   unfair   to   his
contemporaries who, under similar circumstances, are  provided  supplemental
promotion consideration  in  accordance  with  the  established  policy  and
procedures, and who may or may not be selected.  Therefore,  they  recommend
the application be denied.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states,  in  part,  that
he will not be afforded the same opportunity to test as  everyone  else  who
did test during these cycles.  If  the  Air  Force  gives  him  30  days  to
prepare for the tests, this means the Air Force is giving him a one-shot  at
three opportunities that they illegally took from him.  Furthermore, all  of
his peers were given a minimum of three years to prepare for testing due  to
the time between testing.  He does not believe that giving  him  a  one-time
good deal for three missed promotion opportunities is legal and, as of  this
date, he has not been shown otherwise.

The applicant’s complete response is attached at Exhibit F.

_________________________________________________________________

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 to warrant providing the  applicant
supplemental promotion consideration to the grade  of  master  sergeant  for
cycles 98E7, 99E7, and 00E7, using his test scores from the 01E7 cycle.   In
this respect, we note that the applicant was supplementally considered,  and
selected for promotion to the  grade  of  technical  sergeant  during  cycle
95E6.   In  view  of  this,  he  was  eligible  for  supplemental  promotion
consideration for cycles 98E7, 99E7, and 00E7.  However, since  he  had  not
originally been eligible for promotion consideration  during  these  cycles,
his current test scores from cycle 01E7 were used.  The  applicant  contends
that since all of his peers were given a minimum of three years  to  prepare
for testing, he has been denied the same opportunity  to  test.   We  agree.
As a result of his retroactive promotion, he was given 30 days in  which  to
prepare to test.  While we recognize this is Air Force  policy,  we  believe
the  applicant  has  been  denied  fair  and  equipable  consideration   for
promotion during these cycles.  In view of the above,  we  recommend  he  be
provided supplemental promotion consideration for  these  cycles  using  his
most recent test scores (i.e., cycle 01E7).

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice warranting  his  promotion  to  the
grade of master sergeant through the  correction  of  records  process.   In
this regard, we  note  that  applicant  has  failed  to  provide  sufficient
documentation to substantiate that he should have  been  a  selectee  during
any of the subject cycles.  We also note that NCOs  compete  for  promotion,
in part, under the whole person concept whereby performance reports are  but
one of many factors considered.  Therefore,  in  the  absence  of  clear-cut
evidence that he would have been a selectee by the cycles  in  question,  we
find no basis upon which to recommend his promotion to the grade  of  master
sergeant  through  the  correction  of  records  process.   We  believe  the
recommended corrections to his records will provide him fair  and  equitable
consideration for promotion.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT  be  corrected  to  show  that  he  be  provided  supplemental
consideration for  promotion  to  the  grade  of  master  sergeant  for  all
appropriate cycles beginning with cycle  98E7  using  his  cycle  01E7  test
scores.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 15 November 2000, under the provisions of AFI 36-2603:

                       Mr. Benedict A. Kausal, Panel Chair
                       Mr. Joseph A. Roj, Member
                       Mr. Christopher Carey, Member

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

     Exhibit A.  DD Form 149, dated 2 Aug 00.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Record of Proceedings, dated 26 Jun 00.
     Exhibit D.  Letter, AFPC/DPPPWB, dated 17 Aug 00.
     Exhibit E.  Letter, SAF/MIBR, dated 8 Sep 00.
     Exhibit F.  Letter, Applicant, undated.




                                  JOSEPH A. ROJ
                                  Acting Panel Chair

AFBCMR 00-02106




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 he be provided supplemental
consideration for promotion to the grade of master sergeant for all
appropriate cycles beginning with cycle 98E7 using his cycle 01E7 test
scores.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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