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AF | BCMR | CY2001 | 0002106A
Original file (0002106A.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            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:

His records be corrected to show that  he  was  promoted  to  the  grade  of
master sergeant (E-7) during  cycle  98E7  and  that  at  the  time  of  his
retirement on 1 July 2001, he retired  in  the  grade  of  master  sergeant,
rather than technical sergeant.

_________________________________________________________________

RESUME OF CASE:

On 31 May 2000, the Board favorably considered applicant’s request that  his
Enlisted Performance Reports (EPRs) closing 26 June 1992 and 26  June  1993,
be  changed  from  “4s”  to  “5s”  and  that  he  be  provided  supplemental
consideration for promotion to the grade of  technical  sergeant  commencing
with cycle 94A6.

On 21 July 2000, the applicant was supplementally  considered  and  selected
for promotion to the grade of technical sergeant  for  cycle  94A6  and  his
date of rank (DOR) was adjusted to 1 December  1995.   As  a  result  of  an
earlier DOR, he was eligible for promotion consideration  to  the  grade  of
master sergeant beginning with cycle 98E7.

On 15 November 2000, the Board considered  and  denied  applicant’s  request
that he be promoted to the grade of master sergeant (E-7) during cycle  98E7
through the correction of records process.   However,  the  Board  did  find
sufficient evidence to warrant his supplemental promotion consideration  for
promotion to the grade of master sergeant for cycles 98E7, 99E7,  and  00E7,
using his test scores from cycle 01E7 (Exhibit G).

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Inquiries/AFBCMR  Section,  Enlisted  Promotion  and   Military
Testing, AFPC/DPPPWB, states that the applicant was ineligible to  test  for
cycle 01E7 because of his High Year Tenure  (HYT)  date  of  June  2001  and
approved retirement date of 1  July 2001.  In order for him to  be  eligible
for consideration during cycle 01E7, he would have to apply and be  approved
for HYT extension (up to 2 years  for  TSgt)  and  withdraw  his  retirement
package.

A complete copy of the evaluation is at Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that he has  lost,  through
wrongdoing by the Air Force, any opportunity to  compete  for  promotion  to
the grade of master sergeant (i.e., cycles 98E7, 99E7, 00E7, &  01E7).   Due
to his current HYT and retirement these opportunities are non-existent.   He
is currently employed in the civilian sector and is  not  willing  to  apply
for an extension of his HYT.

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

_________________________________________________________________

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 warranting  his  promotion  to  the
grade of master sergeant through the correction  of  records  process.   The
Board previously determined that the applicant  had  been  denied  fair  and
equitable promotion consideration during cycles 98E7, 99E7,  and  00E7,  and
provided him supplemental promotion consideration  for  these  cycles  using
his most recent test scores (i.e., cycle 01E7).  However,  AFPC/DPPPWB,  has
indicated that the applicant was ineligible to test for cycle  01E7  because
of his High Year Tenure (HYT) date of  June  2001  and  approved  retirement
date of 1  July 2001.   As  a  result,  there  are  no  recent  test  scores
available for his supplemental promotion consideration.  In  order  for  him
to be eligible for promotion consideration during cycle 01E7, he would  have
to apply, and be approved, for a HYT extension (up to 2 years for TSgt)  and
withdraw his retirement package.   The  applicant,  however,  has  indicated
that he is unwilling to do so  because  he  is  currently  employed  in  the
civilian sector.  Had the applicant chosen  to  request  a  HYT  waiver  and
withdraw his retirement, he could have  been  provided  sufficient  time  to
prepare for promotion testing, test for cycle 01E7 and receive  supplemental
promotion consideration  for  cycles  98E7,  99E7  and  00E7.   We  are  not
persuaded  the  applicant   has   provided   sufficient   documentation   to
substantiate that he should have been a selectee during any of  the  subject
cycles.  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.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the additional  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 24 August 2001, under the provisions of AFI 36-2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Vaughn E. Schlunz, Member
                       Mr. Christopher Carey, Member

The following documentary evidence was considered:

     Exhibit G.  Record of Proceedings, dated 15 May 01, w/atchs.
     Exhibit H.  Letter, AFPC/DPPPWB, dated 31 May 01, w/atch.
     Exhibit I.  Letter, Applicant, dated 5 Jun 01.




                                  JOSEPH A. ROJ
                                  Panel Chair

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