RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00402
            INDEX NUMBER:  131.00

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

He be directly promoted to master sergeant (MSgt) (E-7) as if  selected
during the 01E7 cycle.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was placed at a competitive disadvantage  for  the  Weighted  Airman
Promotion System (WAPs) test due to being miscounseled by the  military
personnel flight regarding the material that he would be tested on.  He
was advised that he would test on both  the  specialty  knowledge  test
(SKT) and the promotion fitness exam (PFE).  Instead he only tested  on
the PFE.

The miscounseling caused him to devote too much  time  to  non-testable
material and not enough to the actual material being tested,  resulting
in his score being .18 below that needed for promotion.

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is serving on active  duty  in  the  grade  of  technical
sergeant (E-6).  His Total Active Federal military Service  Date  is  5
Jan 84.  The applicant’s last five enlisted  performance  reports  have
overall ratings of “5.”

The  remaining  relevant  facts  pertaining  to  this  application  are
contained in the evaluation done by the appropriate office of  the  Air
Force found at Exhibit C.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial of the  applicant’s  request  for  direct
promotion.

The applicant has not substantiated his claim of miscounseling.  It  is
ultimately the  applicant’s  responsibility  to  know  his  eligibility
status, the study references required, how he will be considered  (both
PFE and SKT or PFE only), and when he will test.   When  the  applicant
was  considered  for  the  01E7  cycle,  he  competed  with  179  other
individuals who apparently knew they would not test  on  an  SKT  since
they  have  not  petitioned  the  AFBCMR  for  relief.   There  are  no
provisions that would allow any individual an automatic promotion based
on the applicant’s circumstances.  Not only must the  interest  of  the
individual be considered, but also the interest of his  111  peers  who
were also not selected.

As an alternative, if the  Board  determines  that  the  applicant  has
suffered  an  injustice,  it  could  consider  directing   supplemental
consideration using the applicant’s PFE score from the next cycle, 02E7
(testing 15 Feb -31 Mar 02), and applying it retroactively to the  01E7
cycle.

The complete evaluation, with attachments, is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicated in response to AFPC/DPPPWB’s assertion that had
he personally reviewed the WAPs catalogue, he would have known that  he
was SKT exempt for cycle 01E7, that he was physically in the Unit  WAPs
Monitor’s office to sign his testing notification and  that  they  both
looked at the catalogue and could not  find  his  Air  Force  Specialty
Code.  The Unit WAPs monitor indicated that they would confirm with the
Base Promotion and Testing office what his status was.  He believed  he
was using proper channels in going through the Unit WAPs Monitor.

The applicant further indicates that his current assignment  to  a  one
deep slot may have had some bearing on his lack of knowledge  regarding
testing requirement.  He indicates that he has struggled with  how  his
petition would reflect on him and how any relief he  might  be  granted
would  be  viewed.   He  believes,  however,  that  he  was  made  less
competitive by the miscounseling that he received.

The applicant’s complete response is 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.  Insufficient relevant evidence has been  presented  to  demonstrate
the existence  of  probable  error  or  injustice  in  regards  to  the
applicant’s request for direct promotion to MSgt.  While it does appear
that the applicant was provided erroneous information regarding what he
would be tested on, we do not believe it warrants direct promotion.  We
believe that in fairness to all those competing for promotion, a direct
promotion  should  only   be   granted   under   the   most   egregious
circumstances.  This  situation  seems  to  be  simply  a  case  of  an
unintended error.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling reason to grant the relief requested.

4.  Notwithstanding  our  determination  above,  we  believe  that  the
applicant may have been hindered in his preparation for his  WAPS  test
based on the erroneous information he received.   In  the  interest  of
equity and justice, we believe the applicant  should  be  granted  some
form of relief.  Accordingly, we recommend that the applicant’s 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 provided supplemental promotion consideration
to the grade of master sergeant for  cycle  01E7  using  his  Promotion
Fitness Examination (PFE) scores from cycle 02E7.

If  selected  for  promotion  to  master   sergeant   by   supplemental
consideration, he be provided any additional supplemental consideration
required as a result of that selection.

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 Docket Number 02-00402 in
Executive Session on 2 April 2002, under the provisions of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Mr. Michael K. Gallogly, Member
      Mr. Robert S. Boyd, Member

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

     Exhibit A.  DD Form 149, dated 28 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPWB, dated 12 Feb 02,
                 w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 22 Feb 02.
     Exhibit E.  Memorandum, Applicant, dated 7 Mar 02.




                                   PATRICIA D. VESTAL
                                   Panel Chair

AFBCMR 02-00402


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 XXXXXXXX, XXX-XX-XXXX, be  provided supplemental  promotion
consideration to the grade of master sergeant for cycle 01E7 using  his
Promotion Fitness Examination (PFE) scores from cycle 02E7.

      If selected for promotion to master sergeant by supplemental
consideration, he be provided any additional supplemental
consideration required as a result of that selection.

      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