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AF | BCMR | CY2002 | 0200676
Original file (0200676.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00676
            INDEX CODE:  131.09
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The date of rank (DOR) and effective date of his promotion to the  grade  of
senior master sergeant be changed to reflect 24 Aug 01, rather  than  1  Feb
02; and that he receive all back pay and allowances thereof.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was recommended for promotion by a promotion board on 24 Aug 01.  He  was
informed the next day that a control grade was not  available  and  that  he
could not get promoted until  a  control  grade  became  available.  He  was
promoted 5 months later.

In support of his request applicant provided a copy of his  promotion  order
and a memorandum  notifying  him  of  his  promotion  board.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Based on data extracted from the personnel data system it appears  that  the
applicant enlisted in the Regular Air Force on 14 Dec 86 and  was  separated
on 24 Jan 90.  He entered the Air National Guard on 20 Apr 90 as  an  Active
Guard/Reserve (AGR) member and has been progressively promoted to the  grade
of senior master sergeant, having assumed that grade effective  and  with  a
date of rank of 1 Feb 02.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFP reviewed applicant’s request and  recommends  denial.  DPFP  states
that the multi state unit is allocated 21 E-8 slots, which  are,  controlled
grades.  19 Slots were occupied, 2 were used to promote individuals who  met
the promotion  board  prior  to  August  2001.   The  additional  allocation
received in May 2001, was used to promote an individual who  had  previously
met the promotion board.

His unit planned on promoting him using an upcoming allocation  based  on  a
member’s retirement, which was August 2001.  Unfortunately, the  other  unit
within the state held a promotion board and used the allocation  during  the
same time of his promotion board.   He  could  not  be  promoted  because  a
controlled grade was not available.  Controlled grades cannot  be  held  for
an individual and are used on a first come first serve basis.  Active  Guard
Reserve (AGR) members cannot be promoted unless the state has  a  controlled
grade available.  An allocation was not available for  the  applicant  until
February 2002, at which time he was promoted.   The  DPFP  evaluation,  with
attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the control grade roster  provided  by  DPFP  is  from
April 2001 and does not reflect the information that  it  should.   He  asks
whether the monthly report from August should be used  since  that  was  the
month in which he was to be promoted.  The control grade roster should  have
reflected one additional  control  grade  based  on  the  retirement  of  an
individual in another ANG unit, which  would  have  left  an  extra  vacancy
available.  This would reflect an error on the part of the  monthly  control
grade report.  DPFP states that control grades cannot be held  for  members.
If you look at  the  report  submitted,  it  clearly  shows  promotions  and
separations and queue needs.  If they cannot be held then why does the  list
reflect such holdings for future promotions.

His complete submission is at Exhibit D.

_________________________________________________________________

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  error  or  injustice.   In  this  regard,  the  applicant  was
recommended for promotion by a promotion board  in  August  2001.   However,
based on the promotion criteria for Title 32 AGRs, the applicant  could  not
be promoted until a controlled grade became available.  Therefore,  after  a
thorough review of the applicant's submission, we  agree  with  the  opinion
and  recommendation  of  the  Air   National   Guard   office   of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that he has not been the victim of an error or injustice.   In  the  absence
of persuasive evidence to the contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  02-00676  in
Executive Session on 18 Jul 02, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Feb 02, w/atchs.
    Exhibit B.  Letter, ANG/DPFP, dated 30 May 02.
    Exhibit C.  Letter, SAF/MRBR, dated 30 May 02.
    Exhibit D.  Letter, Applicant, dated 10 Jun 02.




                                             ALBERT F. LOWAS, Jr.
                                             Panel Chair

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