RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03629
INDEX CODE: 131.03
XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be considered for promotion to Senior Master Sergeant (SMSgt) (E-8) and
if selected, her active duty service commitment be waived, she be given
back-pay due her according to her date of rank for the 02E8 promotion
cycle, and she retain her current retirement date of 1 May 2003.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was not considered for promotion to SMSgt during cycle 02E8 through no
fault of her own. Her retirement withdrawal was not forwarded in a timely
manner, resulting in three missed opportunities for promotion to SMSgt.
In support of her application, she provides a copy of AFPC/IG letter dated
1 November 2002; a copy of her AF Form 102, Inspector General Personal and
Fraud, Waste and Abuse Complaint Registration; a copy of her retirement
withdrawal, AF Form 1160, Military Retirement Action; Special Order Number
AC-001023; a copy of her military personnel brief from MILMOD; Special
Order Number AC-025030; and E-mail correspondence researching her claim.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database (MilPDS) indicates applicant has a Total
Active Federal Military Service Date of 13 November 1981. She has
continually served on active duty and has been progressively promoted to
the grade of master sergeant (E-7), effective and with a date of rank of 1
May 1995.
The applicant submitted an application for voluntary retirement effective 1
February 2002, which was approved. She withdrew her approved retirement on
26 September 2001, due to manning in the squadron orderly room being at
only 50%. By Special Order, dated 12 October 2001, her approved retirement
was rescinded. The applicant’s request to withdraw her retirement was
processed prior to her retirement being suspended under the provisions
under Stop Loss. By Special Order dated 17 September 2002, her retirement
effective 1 May 2003 was approved.
The applicant registered a complaint with the Inspector General’s office on
11 October 2002, when her records did not meet the 02E8 central promotion
board on 23 January 2002 and her records were again overlooked for the
supplemental board held on 29 July 2002.
The Air Force Personnel Command Inspector General’s (AFPC/IG) office
determined the applicant’s military personnel office (MPF) failed to notify
the AFPC Enlisted Promotions Section (AFPC/DPPPW) that the applicant had
withdrawn her retirement. Therefore, the applicant’s information was not
updated in the promotion files and her records were not considered during
the 02E8 promotion board.
Examiner’s note: AFPC/DPPPWB informally advised that the applicant tested
for promotion during cycle 02E8 in January 2002, however, her test scores
were never used. The applicant retired effective 1 May 2003, as planned.
If the Board grants supplemental promotion consideration, the next
supplemental board is scheduled for August 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRRP defers to DPPPWB on the promotion issue. DPPRRP states that at
the time the applicant withdrew her retirement, established procedures
required the MPF to notify AFPC/DPPWB (promotions) when a member withdrew
their retirement, making them eligible for promotion testing. The number
of requests increased due to Stop Loss, which initiated the implementation
of procedural changes between AFPC/DPPRR (retirements) and AFPC/DPPPWB
(promotions) in January 2002. Now a weekly spreadsheet is forwarded to
AFPC/DPPPWB containing personnel information on those individuals who
receive an approved retirement withdrawal. The DPPRRP evaluation is at
Exhibit C.
AFPC/DPPPWB recommends the AFBCMR direct she be provided supplemental
consideration for cycle 02E8. The DPPPWB evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21
February 2003 for review and response. 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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. It appears that because of an
administrative error, the applicant was not and should have considered for
promotion during cycle 02E8. Therefore, to rectify this error, the
applicant should be considered for promotion via the supplemental process.
If the applicant is recommended for promotion as a result of the
supplemental consideration, we will again consider her application to
resolve her requests for a waiver of her active duty service commitment and
for award of back pay and allowances.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be provided supplemental promotion consideration for promotion
to the grade of senior master sergeant for Cycle 02E8.
If she is not recommended for promotion during Cycle 02E8 as a result of
supplemental consideration, the office of primary responsibility advise her
of that recommendation.
If she is recommended for promotion during Cycle 02E8 as a result of
supplemental consideration, the Air Force Board for Correction of Military
Records be advised of that recommendation at the earliest date so that all
necessary and appropriate actions may be completed.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 28 May 2003, under the provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. James W. Russell III, Member
Ms. Martha Maust, Member
The following documentary evidence for AFBCMR Docket Number BC-2002-03629
was considered:
Exhibit A. DD Form 149, dated 7 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRRP, dated 23 Dec 02.
Exhibit D. Letter, AFPC/DPPPWB, dated 16 Jan 03.
Exhibit E. Letter, SAF/MRBR, dated 21 Feb 03.
PATRICIA D. VESTAL
Panel Chair
AFBCMR BC-2002-03629
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 XXXXXXXXXXXXXXXXXXXXXXX, be provided supplemental promotion
consideration for promotion to the grade of senior master sergeant for
Cycle 02E8.
If she is not recommended for promotion during Cycle 02E8 as a result
of supplemental consideration, the office of primary responsibility advise
her of that recommendation.
If she is recommended for promotion during Cycle 02E8 as a result of
supplemental consideration, the Air Force Board for Correction of Military
Records be advised of that recommendation at the earliest date so that all
necessary and appropriate actions may be completed.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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