RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02956
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reinstatement of her promotion eligibility be back  dated  to  24  March
2000 and she be allowed to test for promotion to staff  sergeant  for  cycle
00E5.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1999 she received orders to Korea, a place where she could not  take  her
15-month old daughter.  Her mother  who  is  her  long-term  dependent  care
provider could not care for her alone because she was having  knee  surgery.
With her mother disabled it was her understanding  that  with  no  dependent
care provided that she had no other choice but to turn down the  assignment.
 She was informed by personnel at the  Air  Force  Personnel  Center  (AFPC)
that she had to PCS or get out of  the  military.   In  November  1999,  she
signed an  AF  Form  964  (PCS,  TDY,  or  Training  Declination  Statement)
declining the assignment.  The 3rd week  of  March  2000,  she  submitted  a
reinstatement package to her commander.  On 24  March  2000,  the  commander
denied her request.  She was informed  by  her  Financial  Services  Officer
(FSO) that he would speak with the commander and told her to get  a  written
statement from her mother justifying her reasons for the  declination.   She
received a statement from her mother and returned the  package  to  the  FSO
the same day.  On 10 April the commander reconsidered the  case  and  stated
that he stood by his original decision.  It was  not  until  then  when  she
realized her original package was lost.   She  resubmitted  another  package
and turned it into the commander.  He refused to  sign  the  second  package
because he had already signed one.  The commander stated that  the  original
package needed to be found.  She contacted the FSO and  he  stated  that  he
accidentally took the package  home.   She  finally  received  her  original
package back on 16 May 2000.   On  18  July  2000,  she  was  informed  that
AFPC/DPAAD2 approved her request to withdraw the PCS  declination  statement
and that she would not be able to test out of cycle because her package  was
not submitted in time.  She  believes  that  she  was  being  penalized  for
something that was out of her control.  On 8 August 2000, she  submitted  an
Exception to Policy request  for  reinstatement  of  promotion  eligibility,
which was denied on 25 October 2000.  Applicant thinks that she was  treated
unfairly and that she has not been given the same consideration  as  someone
who didn’t turn down an assignment.  If her  package  would  not  have  been
lost and if her commander would have signed the second  package,  she  feels
that her package would have  been  approved  before  the  cut-off  date  for
testing.  She realizes that  she  turned  down  an  assignment  but  it  was
approved for her to stay in the military, so therefore, she should  be  give
the same opportunities as if she never  turned  down  the  assignment.   She
should not be  punished  for  circumstances  that  were  truly  out  of  her
control.

In support of her appeal, the applicant provided a  personal  statement  and
other documentation.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
senior airman.  She last reenlisted on 26 July 2000  for  a  period  of  two
years.

In November 1999, the applicant  signed  the  AF  Form  964  (PCS,  TDY,  or
Training Declination Statement) which rendered her ineligible for  promotion
consideration for cycle 00E5.

According to the Personnel Data System  (PDS)  the  applicant  is  currently
assigned in Kunsan, Korea.

EPR profile since 1994 reflects the following:

          PERIOD ENDING      OVERALL EVALUATION

           12 Jun 94                     4
           12 Jun 95                     5
           12 Jun 96                     5
           12 Jun 97                     5
           12 Jun 98                     5
           27 Feb 99                     5
           19 Oct 99                     4
           30 Nov 00                     4

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Inquiries/AFBCMR  Section,  Enlisted  Promotion  and   Military
Testing Branch reviewed this application and states that if on or after  the
promotion eligibility cutoff date (PECD) for a  particular  cycle  a  career
airman declines to extend or reenlist to obtain service retainability for  a
controlled  assignment,  PCS,  TDY,  and  retraining,  he  or  she   becomes
ineligible for promotion consideration as outlined in  AFI  36-2502,  Airman
Promotion Program, Table 1.1, Line 3  (attachment).   The  applicant  states
that she turned down an assignment but was approved to stay in and  believes
she would have been approved before the cut off  date  for  testing  if  her
package had not been lost and resubmitted.  Her  commander  disapproved  her
24 March 2000 request for removal of the PCS  declination  statement  on  24
March 2000, reconsidered on 10 April 2000 still disapproving it,  and  again
on 16 May 2000 standing by his previous decision.  However,  HQ  AFPC/DPAAD2
approved her exception to policy request to  withdraw  the  PCS  declination
statement on 18 July 2000, which is after the promotion  eligibility  cutoff
date (PECD) of 31 March 2000 for  promotion  to  staff  sergeant  for  cycle
00E5.  Airmen will not receive supplemental promotion consideration for  any
cycle for  which  they  were  ineligible  under  this  rule,  and  promotion
eligibility,  if  reinstated,   is   effective   the   date   the   specific
ineligibility condition no longer exists (Note 2).  In the specific case  of
a  withdrawal  of  PCS  declination,  promotion  eligibility  is  reinstated
effective the day AFPC approves the withdrawal (Note 4) (18 July  2000  well
after the 31 March 2000 PECD).  Therefore, her request for reinstatement  of
promotion eligibility is denied.

The applicant claims that she should be given the same opportunities  as  if
she never turned  down  the  assignment.   However,  she  made  a  conscious
decision to decline the assignment and clearly understood the  ramifications
of her decision.   The  AF  Form  964  (PCS,  TDY  or  Training  Declination
Statement) that she  signed,  clearly  indicates  in  part  II  this  action
renders her ineligible for promotion consideration for the remainder of  her
enlistment including  any  extension  already  approved.   When  the  member
signed this form she acknowledged the loss of promotion eligibility and  had
read the rules in the applicable directives.  Finally, the form  is  not  to
be signed without a complete understanding of its effect  on  one’s  career.
Therefore, they recommend denial of the applicant’s request.

A complete copy of the Air Force evaluation, with  attachment,  is  attached
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that  she  understands  the
policy for testing and has read the  regulation  and  understands  it.   She
submitted her reinstatement package on time.  It  was  lost  and  completely
out of her control and her commander would not sign the package again.   She
states that she did turn down an assignment, but that  does  not  mean  that
she has not been dedicated to the military for eight years.   Things  happen
in life where you have to make a decision and everyone will not  agree  with
them.  She was aware of  what  turning  down  an  assignment  would  do  but
sometimes you have to take care of your family (mother and  daughter).   She
was approved to stay in the Air Force and feels that she should  be  treated
no different than any other member.  She is a true  asset  to  the  military
and will only shine brighter in the higher ranks if given the chance.

Applicant’s response is attached at 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  warranting  reinstatement  of
applicant’s promotion eligibility to 24 March 2000 and  she  be  allowed  to
test for promotion to staff sergeant  for  cycle  00E5.   We  note  that  HQ
AFPC/DPAAD2 approved applicant’s exception to  policy  request  to  withdraw
the  PCS  declination  statement  on  18 July  2000,  which  was  after  the
promotion eligibility cutoff date (PECD) of 31 March 2000 for  promotion  to
staff sergeant.  However, it appears that due to no fault of the  applicant,
her reinstatement package was initially lost.  The Board  notes  the  letter
from the Financial  Services  Officer  (FSO),  dated  4 August  2000,  which
indicates that the applicant turned her package into  the  commander  during
the third week in March.  After the commander disapproved her  package,  the
FSO received the package and lost it, not realizing the  commander  was  not
the final approving authority, and that the package needed to  be  forwarded
to AFPC for final approval.  The FSO believes that if he had  not  misplaced
the package it would  have  been  processed  before  the  PECD.   The  Board
believes that based on the totality of  the  circumstances  surrounding  the
loss of the reinstatement package, that the applicant is the  victim  of  an
injustice over which she had no control.   In  view  of  the  foregoing,  we
recommend her records be corrected to the extent 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  competent  authority  approved  her
request  to  withdraw  her  November  1999  Permanent  Change   of   Station
Declination Statement, AF Form 964, on 24 March 2000, rather  than  18  July
2000.

It  is  further  recommended  that  applicant   be   provided   supplemental
consideration  for  promotion  to  the  grade  of  staff  sergeant  for  all
appropriate cycles beginning with cycle 00E5.

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
qualification 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 14 March 2001, under the provisions of AFI 36-2603:

            Mr. Terry A. Yonkers, Panel Chair
            Ms. Carolyn J. Watkins, Member
            Mr. John E. Pettit, Member

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

   Exhibit A.  DD Form 149, dated 27 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 7 Nov 00, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 8 Dec 00.
   Exhibit E.  Letter, Applicant, dated 1 Jan 01.




                 TERRY A. YONKERS
                 Panel Chair


AFBCMR 00-02956





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 competent authority
approved her request to withdraw her November 1999 Permanent Change of
Station Declination Statement, AF Form 964, on 24 March 2000, rather than
18 July 2000.

      It is further recommended that applicant be provided supplemental
consideration for promotion to the grade of staff sergeant for all
appropriate cycles beginning with cycle 00E5.

      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
qualification 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