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AF | BCMR | CY2002 | 0201567
Original file (0201567.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01567
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of master sergeant effective 1 May 02.
_________________________________________________________________

APPLICANT CONTENDS THAT:

On 25 Apr 02, he was informed that despite his  commander’s  recommendation,
he could not be promoted on 1 May 02.  He has 19 years, 10  months,  and  23
days of satisfactory Federal service in  accordance  with  his  most  recent
point   credit   summary,   which   are    only    generated    after    his
retirement/retention (R/R) date, 18 July.  He was  to  be  promoted  to  E-7
under the 12/20 rule.  He was mobilized in  support  of  Operation  Enduring
Freedom on 5 Oct 01 and placed on full active duty on orders not  to  exceed
1 year.  To date he has accumulated  over  200  points,  well  over  the  50
points constituting a good year.

Even though he is currently on active duty, he cannot compete for  promotion
under the Weighted Airman  Promotion  System  (WAPS).   There  are  no  unit
vacancies available due to Stop Loss.  His career  field  (security  forces)
is critically undermanned and there is no relief in sight.

In support of his request applicant provided a  personal  statement,  copies
of his ANG/USAFR Point Credit Summaries, and  a  copy  of  his  NCO  Academy
Correspondence Program diploma.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system reflects  that  the  applicant
contracted his initial enlistment in the Regular Air Force  on  27  Mar  81.
After serving approximately 11 years on active duty he  was  transferred  to
the Air Force Reserve on 18 Jul 92.  He was progressively  promoted  to  the
grade of technical sergeant, having assumed that grade effective and with  a
date of rank of 1 Jan 95.  He currently has completed 19 years,  10  months,
and 23 days of satisfactory Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPB reviewed applicant’s request and  recommends  denial.   DPB  states
that under a vacancy promotion opportunity, promotion to E-7 requires  a  7-
skill level, 24 months time-in-grade (TIG)  as  an  E-6,  8  years  enlisted
service, 8  years  satisfactory  Federal  service,  completion  of  the  NCO
Academy, satisfactory participant, meets body-fat standards,  recommendation
by the supervisor, and a vacant higher grade  position  for  the  member  to
occupy.

Under the 12/20 rule promotion to E-7 requires a 7-skill  level,  24  months
TIG, 20 years satisfactory Federal service (as shown  on  the  latest  Point
Credit Summary), completion of the NCO Academy,  meets  body-fat  standards,
and recommendation by the supervisor.

He appears to have completed the requirements for the 12/20  rule  with  the
exception of attaining 20 years of satisfactory Federal service as shown  on
the Point Credit Summary.  He will meet this requirement no sooner  that  17
Jul 02, upon the completion of his R/R year.

He  has  earned  more  than  the  required  number  of  points  to  earn   a
satisfactory year of Federal service, he has just not completed  the  “year”
i.e. the 365 days required to constitute a year.  Once the R/R is  complete,
he will be fully eligible and promoted.

The DPB evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  7  Jun
02 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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  is
requesting promotion to master sergeant to  be  effective  on  1  May  2002.
However, he had not met all the requirements to assume that  grade  on  that
date, specifically he had not completed 20  years  of  satisfactory  Federal
service.  Although he had attained sufficient points required  to  earn  his
20th satisfactory year of service, the year was not completed until 17  July
02, at which time  he  met  the  requirements  for  promotion.   We  see  no
evidence of an error in this case and after  careful  consideration  of  the
documents he provided in support of his appeal, we do  not  believe  he  has
suffered  an  injustice.   Therefore,  we  agree  with   the   opinion   and
recommendation of the Air Force 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  evidence  to  the
contrary, we find no 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 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  Docket  Number  02-01567  in
Executive Session on 7 Aug 02, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. E. David Hoard, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 May 02, w/atchs.
    Exhibit B.  Letter, ARPC/DPB, dated 31 May 02.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 02.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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