RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  02-03428
            INDEX CODE:  131.09
            COUNSEL:  NONE

                                  HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of senior master sergeant (SMSgt/E-8).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was not allowed to fairly compete for promotion during the 02E8  cycle
even though he was eligible.  He states that he tested  but  his  records
never met the board.

He had a retirement date of 1 Mar 02 and was affected by Stop  Loss.   He
put in for a waiver on 1 Sep 01 to be able to retire.  He sent  paperwork
to Bolling AFB Military Personnel Flight  (MPF)  Retirements  section  on
4 Jan 02 to cancel his retirement  date.   On  10  Jan  02,  he  received
verification from Bolling MPF that his waiver was pulled  and  retirement
date cancelled.  He cancelled the date to ensure he would be eligible for
promotion because he didn’t trust that the  Stop  Loss  issues  would  be
fixed in time for him to test.

After several emails, he was advised that he would be able to test out-of-
cycle.  He was administered testing during the first week of Mar 02.   In
Jul 02, he inquired as to his test results  but  did  not  receive  solid
answers until he received  an  email  from  Bolling  MPF  asking  several
questions.  It  appears  they  still  did  not  have  a  clue  about  his
promotion.

He feels he has met every requirement on his part to be  fairly  afforded
the opportunity to compete for promotion, but due to circumstances beyond
his control this has not happened.  He requested a new retirement date of
1 Jul 03.

In support of his appeal, applicant  provided  copies  of  several  email
transmissions between the applicant, his unit personnel  technicians  and
the Bolling AFB MPF Enlisted Promotion Section concerning  his  promotion
consideration.

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

___________________________________________________________________


STATEMENT OF FACTS:

Applicant’s total  active  federal  military  service  date  (TAFMSD)  is
17 September 1979.  He was promoted to the grade of master sergeant  with
an effective date and date of rank (DOR) of 1  Aug  98.   His  High  Year
Tenure date is 18 Sep 05.

A profile of the applicant’s last six enlisted performance reports (EPRs)
follows:

            PERIOD CLOSING              OVERALL EVALUATION


                 04 Nov 97                                    5


                 04 Nov 98                                    5


                 04 Nov 99                                    5


                 04 Nov 00                                    5


                 04 Nov 01                                    5

            04 Nov 02                                    5

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommended that the  applicant’s  request  for  automatic
promotion to SMSgt be denied.  They provided the following facts  to  the
case:

         a.  The applicant had an original date of separation (DOS) of  1
Mar 02, which rendered him ineligible  for  promotion  consideration  for
cycle 02E8.  On 23 Sep 01, he was affected by Stop Loss and  not  allowed
to  retire.   He  submitted  a  Stop  Loss  waiver,  however,  prior   to
approval/disapproval, he cancelled the waiver  request  and  submitted  a
cancellation of his retirement.  He tested out-of-cycle for 02E8 on 7 Mar
02.  The approved cancellation of his retirement application never flowed
through  proper  channels  to  the   Enlisted   Promotion   Section   (HQ
AFPC/DPPPWM), nor was it updated in the military  personnel  data  system
(MILPDS) by his MPF until 16 Sep 02; therefore, he never met the  central
or supplemental promotion boards.  Central SMSgt  Evaluation  Boards  are
held once a year and SNCO Supplemental Promotion Boards are held twice  a
year.  The Central 02E8 Board met 23 Jan 02, and  the  SNCO  Supplemental
Promotion Board met 29 Jul 02.   The  next  SNCO  Supplemental  Promotion
Board is not scheduled to convene until Apr 03.

         b.  Current Air  Force  policy  does  not  allow  for  automatic
promotion as the applicant requests.  It is unfortunate that there was  a
“glitch” in the process, but all MSgts eligible for  promotion  to  SMSgt
must test, as well as have their records meet evaluation/promotion boards
in order to compete for promotion.  To allow the applicant  an  automatic
promotion would not be fair and equitable to his peers who competed under
the normal process.

         c.  Based on the applicant’s new retirement date of 1 Jul 03, he
will be eligible and considered supplementally for cycle 02E8 in Apr  03.
HQ AFPC/DPPPWM has  forwarded  the  applicant’s  serving  MPF  a  message
informing them of his future  supplemental  promotion  consideration  for
cycle 02E8.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant commented on two aspects of the Air Force  evaluation.   First,
he states that the cause of the “glitch” is blamed on his retirement date
cancellation not making it through the system in time, when the fact  is,
regardless of whether he cancelled his retirement date, he was under Stop
Loss and was eligible to compete for promotion, so his retirement flowing
through the system should not have mattered.

Secondly, he believes he has not been afforded the opportunity to compete
“under the normal process.”   While  he  understands  that  there  was  a
“glitch” in the system, he still believes that an injustice has  befallen
his ability to compete fairly against  his  peers.   This  injustice  has
caused undue hardship to his family and planning for his future.

He further states that the results of the 03 supplemental board will  not
be released until he is well into his terminal leave and believes this is
not “fair and equitable” to him.

He requests that the Board compensate him in the form of a  promotion  to
the grade of senior master sergeant.

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 error or injustice warranting his promotion to senior master
sergeant through the correction of records process.  We note that the Air
Force has indicated that because  of  a  discrepancy  with  the  military
personnel data system (MILPDS), the applicant was not considered  by  the
02E8 Central or Supplemental promotion boards.  However, based on his new
retirement date  of  1  Jul  03,  he  will  be  eligible  and  considered
supplementally for cycle 02E8 in April 2003.  Promotion to the  grade  of
senior master sergeant is very competitive and many factors are carefully
assessed in  scoring  an  individual  record.  We  believe  that  a  duly
constituted selection board is in the most advantageous position to  make
this determination and its prerogative to do so should  only  be  usurped
under extraordinary circumstances. Absent  clear-cut  evidence  that  the
applicant’s corrected record would have scored sufficiently  high  enough
to warrant his selection for promotion to  the  grade  of  senior  master
sergeant, we believe the  supplemental  promotion  process  is  the  most
appropriate forum to  consider  his  promotion  potential.   There  being
insufficient evidence to the contrary, we find no  basis  upon  which  to
favorably consider his request for direct promotion.

___________________________________________________________________

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 AFBCMR  Docket  Number  02-
03428 in Executive Session on 18 March 2003, under the provisions of  AFI
36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated Oct 21, 2002, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 12 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.
    Exhibit E.  Letter, Applicant, undated.




                                   PHILIP SHEUERMAN
                                   Panel Chair