RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-03306
INDEX NUMBER: 107.00, 131.00
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Meritorious Service Medal (MSM), First Oak Leaf
Cluster (1OLC), for the period 14 April 1995-15 August 1998, and
that the award be considered in the promotion process for the 99E8
cycle to senior master sergeant (promotions effective April 1999-
March 2000).
___________________________________________________________________
APPLICANT CONTENDS THAT:
An MSM was written by his supervisor prior to her leaving for a
permanent change of station (PCS) move. A copy was given to him
before the promotion eligibility cutoff date (PECD) of 30 September
1998. The DÉCOR 6 was dated 18 August 1998. While on convalescent
leave in October 1998, a military personnel flight (MPF) chief
stopped the decoration. He feels betrayed and discriminated
against for becoming sick. Favoritism was shown to another senior
NCO who had applied for and had been approved for retirement. The
decoration was written for him and the other senior NCO covering
the same service periods and by the same supervisor. He believes
the decision was calculated to deny him an opportunity for
promotion. He missed promotion by 5.58 points. The score required
for promotion was 645.32 and his score was 639.74. Within his
career field, there were two people with a higher score; three
people with the same score; and 150 people with lower scores. It
is well-known that achieving an MSM (worth 5 points alone), awards,
(Professional Military Education (PME), college education and
senior rater indorsements during the promotion cycle, are all
strong determinants for promotion to E-8.
The applicant’s statement and the evidence he submitted in support
of his appeal are at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS)
indicates that the applicant was permanently retired from active
duty, by reason of physical disability, in the grade of master
sergeant, effective 19 June 1999. He received a compensable
disability rating of 20%. His Total Active Service for Retirement
was 21 years, 8 months, and 12 days.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices 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, AFPC/DPPPWB,
reviewed this application and recommended denial. DPPPWB noted
that the applicant’s total promotion score for the 99E8 cycle was
639.74, and the score required for selection in his Control Air
Force Specialty Code (CAFSC) was 645.32. The applicant missed
promotion by 5.58 points. An MSM is worth 5 weighted promotion
points. Promotions for this cycle were made on 23 February 1999
and announced on 10 March 1999.
According to DPPPWB, the policies regarding the approval of a
decoration and the credit of a decoration for promotion purposes
are two separate and distinct policies. Current Air Force
promotion policy dictates that before a decoration is credited for
a specific promotion cycle, the closeout date of the decoration
must be on or before the promotion eligibility cutoff date (PECD),
and the date of the DÉCOR-6 must be before the date of selections
for the cycle in question. Each promotion cycle has an established
PECD which is used to determine which AFSC or Chief Enlisted
Manager (CEM) code the member will be considered, as well as which
performance reports and decorations will be used in the promotion
consideration. The PECD for the promotion cycle in question was
30 September 1998. In addition, a decoration that a member claims
was lost, downgraded, etc., must be verified and fully documented
that it was placed into official channels prior to the selection
date. This policy was initiated on 28 February 1979, specifically
to preclude personnel from subsequently (after promotion
selections) submitting someone for a decoration with a retroactive
decoration effective date (close-out) so as to put them over the
selection cutoff score. Exceptions to this policy are only
considered when the airman can support a previous submission with
documentation or statements including conclusive evidence that the
recommendation was officially placed in military channels within
the prescribed time limit and conclusive evidence the
recommendation was not acted upon through loss or inadvertence. A
decoration is considered to have been placed in official channels
when the decoration recommendation is signed by the initiating
official and indorsed by a higher official in the chain of command.
If the applicant had been a selectee during the 99E8 cycle, he
would have become ineligible for promotion on 21 April 1999, when
the Secretary of the Air Force made the determination he was unfit
for continued military service and directed permanent retirement.
Individuals become ineligible for promotion when the Air Force has
made the determination the member is unfit because of physical
disability (AFI 36-2502, Airman Promotion Program, Table 1.1,
Line J). Ineligibility for promotion occurs on the date of the
Secretarial determination and is effective on that date, regardless
of the fact a member may actually retire or separate on a date
subsequent to the determination. The applicant would not be
entitled to be promoted to the grade of senior master sergeant, a
grade he did not hold prior to his separation. He retired on
19 June 1999, as a master sergeant. Although he would not have
been eligible to assume the grade, if selected while on active
duty, he would have been eligible to be placed on the retired list
in the higher grade. A complete copy of the DPPPWB evaluation,
with attachments, is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 21 April 2000, for review and response within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. The
applicant's complete submission was thoroughly reviewed and his
contentions were duly noted; however, we do not find his assertions
and the documentation presented in support of his appeal
sufficiently persuasive to override the rationale provided by
AFPC/DPPPWB. Therefore, in the absence of evidence to the
contrary, we agree with the recommendation of AFPC/DPPPWB and adopt
their rationale as the basis for our decision that the applicant
has failed to sustain his burden of establishing that he has
suffered either an error or an injustice. Accordingly, the
applicant’s requests for award of the MSM 1OLC and that the award
be considered in the promotion process for the 99E8 cycle is not
favorably considered.
4. The documentation provided with this case was sufficient to
give the Board a clear understanding of the issues involved and a
personal appearance, with or without counsel, would not have
materially added to that understanding. Therefore, the request for
a hearing is not favorably considered.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission
of newly discovered relevant evidence not considered with this
application.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 28 June 2000, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Olga M. Crerar, Member
Mr. Laurence Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Nov 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 24 Mar 00, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 21 Apr 00.
RICHARD A. PETERSON
Panel Chair
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