RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02044
INDEX CODE: 131.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be retroactively promoted to the grade of technical sergeant.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His branch chief recommended him for promotion under the Promotion
Enhancement Program (PEP). However, the promotion was denied by his
squadron commander. His commander told him the reason for the denial was
because of a shirt he chose to wear in his civilian capacity and an
incident that occurred at a salute to the military with the Public Affairs
officer, also in a civilian capacity. He is now being told that the
commander denied his promotion due to his "poor communication skills." His
chain of command is punishing him for an ongoing Equal Employment
Opportunity (EEO) compliant that he filed on the civil service side of the
house.
He is currently being considered for an AFRC promotion as he approaches 16
years of service. However, the same commander that denied his PEP
promotion has to sign-off on this particular recommendation.
In support of his request, applicant provided a personal statement, a copy
of his AF Form 971, documents associated with his EEO complaint, a redacted
copy of his Inspector General (IG) Report of Investigation (ROI), a witness
statement, a records review printout; a copy of his AF Form 860B, Civilian
Progress Review Worksheet; a copy of his AF Form 910, Enlisted Performance
Report (EPR), closing on 9 Jun 99; and, copies of AF Forms 931, Performance
Feedback Worksheet. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the Personnel Data System reflects that after serving
various assignments on active duty and in the Air National Guard, the
applicant enlisted in the Air Force Reserve on 8 Jun 94 in the grade of
staff sergeant. He has been promoted to the grade of technical sergeant
effective and with a date of rank of 1 Nov 02. He has completed 15 years
of satisfactory Federal service.
The following is a resume of the applicant's recent EPR profile:
PERIOD ENDING PROMOTION RECOMMENDATION
7 Jun 99 4
7 Jun 01 4
3 Jun 02 3
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPM reviewed applicant's request and recommends denial. DPM states
that his squadron commander did not submit the applicant for a PEP
promotion because of "poor communication skills." This assessment was
substantiated by two intermediate supervisors. Based on a review of his
EPR which closed on 7 Jun 99, it appears that he does not meet the high
standards necessary for promotion under the PEP program as the PEP program
is a board based promotion program and only the best of the best are to be
nominated and promoted. The DPM 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 2 Aug
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 that would warrant retroactive promotion to
the grade of technical sergeant. The applicant's contention that his
commander's decision was retaliatory in nature is duly noted, however after
carefully reviewing the evidence provided, we find his claim to be
unsubstantiated. Evidence has not been presented which would lead us to
believe that his commander abused his discretionary authority or that his
decision not to recommend the applicant for promotion was based on anything
other than his determination that the applicant was not qualified for
promotion under the PEP program. 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 the applicant has not
been the victim of an error or injustice. In the absence of 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 02-02044 in
Executive Session on 4 Dec 02, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Thomas J. Topolski, Jr., Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 02, w/atchs.
Exhibit B. Letter, AFRC/DPM, dated 22 Jul 02.
Exhibit C. Letter, SAF/MRBR, dated 2 Aug 02.
Exhibit D. SAF/IG Report of Investigation - WITHDRAWN
MICHAEL K. GALLOGLY
Panel Chair
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