RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00445
            INDEX NUMBER:  100.07

      XXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

The date he was upgraded to the five skill level be changed to  reflect
a date between 20 Dec 00 and 31 Mar 01, which would make  him  eligible
to test for promotion to staff sergeant during the 01E5 cycle.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He completed all requirements for award of his five skill level  on  20
Dec 00.

The date of his upgrade to the five skill level, 3 Apr  01,  is  unfair
and made him ineligible to test during cycle 01E5.

The applicant provides a copy of  an  e-mail  from  his  unit  training
manager at his old duty station to his new duty station that states the
only thing needed to complete upgrade action on the applicant  when  he
departed was the score from his Career Development  Test  (CDC),  which
the applicant took on 20 Dec 00.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is a senior airman serving on  active  duty.   His  Total
Active Federal Military Service Date (TAFMSD) is 22 Jan 98.   The  four
reports the applicant has received since entering  the  Air  Force  all
reflect overall ratings of “5.”

The  remaining  relevant  facts  pertaining  to  this  application  are
contained in the evaluations prepared by the appropriate offices of the
Air Force found at Exhibits C and D.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial of the  applicant’s  request.   Applicable
directives establish the Promotion Eligibility Cutoff Date (PECD) as 31
March of each year.  The applicant was not upgraded until 3 April  2001
and is therefore not eligible.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB defers to the recommendation of AFPC/DPPAT.   If,  however,
the Board determines the member should have been upgraded 31 March 2001
or earlier, he will be entitled to supplemental consideration  for  the
01E5 cycle, provided he is otherwise eligible and  recommended  by  his
commander.

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force  evaluations  by  providing  a
letter from his current commander confirming  that  the  applicant  had
completed all requirements for upgrade to the five-skill level prior to
the 31 Mar 01 PECD.  He states that the applicant was not  upgraded  in
time due to oversights in the system both at his  losing  base,  Araxos
Air Base, and his new base, Seymour Johnson AFB.  He requests that  the
Board adjust the applicant’s upgrade date to 31 Mar 01.

The complete response is 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 error  or  injustice.   The  evidence  of  record  clearly
indicates that the applicant completed all requirements for upgrade  to
the five-skill level prior to 31 Mar 01.  In fact, the period  of  time
from the completion of his CDC test, 20 Dec 00, until  his  upgrade  on
3 Apr 01 appears excessive and is not explained or justified in the Air
Force advisory.  There is compelling reason to believe that the closure
of Araxos Air Base resulted in the  failure  to  correctly  and  timely
process the applicant’s records.  Therefore, in the interest of  equity
and justice, we recommend that the applicant’s records be corrected  as
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 he was upgraded to  the
five-skill level on 31 March 2001 vice 3 April 2001.

It  is  further  recommended  that   he   be   provided   supplemental
consideration for promotion to  the  grade  of  staff  sergeant  (E-5)
beginning with cycle 01E5.

If selected for promotion to staff 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 02-00445 in
Executive Session on 24 April 2002, under the  provisions  of  AFI  36-
2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. William H. Anderson, Member
      Ms. Brenda L. Romine, Member

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

     Exhibit A.  DD Form 149, dated 15 Nov 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPAT, dated 26 Feb 02.
     Exhibit D.  Memorandum, AFPC/DPPPWB, dated 13 Mar 02.
     Exhibit E.  Letter, SAF/MIBR, dated 22 Mar 02.
     Exhibit F.  Memorandum, 4SFS/CC, undated.




                                   PHILIP SHEUERMAN
                                   Panel Chair

AFBCMR 02-00445


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 XXXXXXXXXX, 592-03-3739, be corrected to show that  he  was
upgraded to the five-skill level on 31 March 2001 vice 3 April 2001.

       It  is  further  directed  that  he  be  provided  supplemental
consideration for promotion to  the  grade  of  staff  sergeant  (E-5)
beginning with cycle 01E5.

      If selected for promotion  to  staff  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