RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03818
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

By amendment at Exhibit F, he asks that his Promotion Sequence  Number
(PSN) 6991 to the grade of  technical  sergeant  (E-6)  for  promotion
cycle 03E6 be reinstated.
_________________________________________________________________

APPLICANT CONTENDS THAT:

After being selected for promotion, he was told he was ineligible  for
promotion.  He was given incorrect information about  his  eligibility
to test for E-6 during promotion cycle 03E6.  He received  an  Article
15 in 2002 for breaking the on-base curfew.   The  Military  Personnel
Flight (MPF) never updated his promotion eligibility code  making  him
ineligible.

He transferred to another unit (PCA) on 28 March 2002 and on 19 August
2002, he Permanently Changed Station (PCS).  He  believes  the  reason
for his ineligibility was  because  the  system  was  not  updated  to
reflect the transfer; therefore, his rater was never changed  and  his
new rater was not tasked with performing an additional EPR before  his
PCS.  This meant the top EPR  was  a  referral  EPR,  which  made  him
ineligible for promotion.  The PCA should have triggered  a  new  EPR,
which would not have been a referral EPR.

In support of his request, the applicant submits a personal statement,
notification of WAPS promotion testing cycle 03E6, WAPS score  notice,
referral EPR and EPR closing 27 March 2003.  The applicant’s  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
21 February 1996.  He is currently serving on active duty in the grade
of staff sergeant (E-5), with an effective date and date of rank of  1
June 2001.  Applicant's Enlisted Performance Report (EPR) profile  for
the last five reporting periods follows:

            Period Ending    Evaluation

                2 Aug 99     5 - Immediate Promotion (Grade of E-4)
                2 Aug 00     5
               27 Mar 01     5
               27 Mar 02     5 - Referral (Grade of E-5)
               27 Mar 03     5

On 16 January 2002, applicant was notified of his  commander's  intent
to impose nonjudicial punishment (Article 15) for failure  to  obey  a
lawful general order regarding off-installation curfew, on or about 13
January 2002,  in  violation  of  Article  92,  UCMJ.   The  applicant
consulted a lawyer, waived his right to demand trial by court-martial,
accepted nonjudicial punishment  and  presented  a  written  response.
After considering all matters presented to him,  the  commander  found
that the applicant did commit one or more  of  the  offenses  alleged.
The commander imposed punishment of a suspended reduction to the grade
of senior airman (E-4), restriction to the base  for  45  days  and  a
reprimand.  Applicant did not appeal the punishment.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPE recommends the application be denied.  DPPPE states that
nothing was provided proving the  applicant  did  not  understand  the
report he received was a referral report, nor that he was unaware  his
promotion eligibility could  be  adversely  affected.   The  applicant
acknowledged the referral memorandum on 25 April 2002, well in advance
of the promotion testing cycle.  The HQ AFPC/DPPPE  evaluation  is  at
Exhibit C.


HQ AFPC/DPPPWB states that a review of the applicant’s record  reveals
he was tentatively selected for promotion to E-6  during  cycle  03E6.
His Promotion Sequence Number (PSN) will increment on approximately  1
March 2004.  However, once his referral report was updated in  MilPDS,
it rendered the applicant  ineligible  for  promotion.   All  enlisted
promotions are tentative, pending data verification.  The fact that an
individual is notified of a tentative promotion  and  is  subsequently
found to be ineligible does not entitle them to  keep  the  promotion.
The promotion was without effect because the applicant was  ineligible
at the time selections were made.  The HQ AFPC/DPPPWB evaluation is at
Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory  opinions  and  indicated  he  was
briefed that a referral EPR would affect his promotion eligibility for
the cycle that was currently underway.  The  referral  EPR  was  being
written at about the same time the issues pertaining to the Article 15
and Unfavorable Information File (UIF) were also being discussed  with
the First Sergeant.  He believes that the misinformation  provided  by
the First Sergeant or confusion of all the information also influenced
the understanding by his rating chain.   He  can  think  of  no  other
reason why his rating chain would consider him eligible for  immediate
promotion, when according to the system he was ineligible.  It appears
that  according  to  Air  Force  Instruction  he  was  ineligible  for
promotion during the 03E6 cycle.  He did make one  error  in  judgment
two years ago by staying  off  base  past  curfew.   However,  he  was
punished at the time and has served that punishment.  Since  then,  he
has had no further disciplinary  problems.   In  fact,  his  commander
removed  the  UIF  earlier  than  normal.   The  applicant’s  complete
submission is at Exhibit F.
_________________________________________________________________

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 error  or  injustice.   After  thoroughly  reviewing  the
applicant’s submission and the evidence  of  record,  we  believe  the
applicant is entitled to corrective action.  While  the  referral  EPR
closed 27 March 2002 and was acknowledged by the applicant on 25 April
2002, it was not acknowledged as such above base level until more than
a year later.  Because of this error, the system treated the applicant
as eligible for testing and promotion.  The applicant alleges he PCA’d
on 28 March 2002 and PCS’d on or about 19 August 2002,  which  is  144
days.  His next EPR cutoff was 27 March 2003, with  the  rater  having
172  days  of  supervision,  which,  in  our  opinion,  supports   the
applicant’s contention that he had a reportable span  without  an  EPR
being rendered.  We believe it was the unit’s obligation to  rate  the
applicant upon PCS, which would have invalidated the promotion bar  of
a  referral  EPR.   In  addition,  the  letter  the  applicant  signed
acknowledging the referral report said  it  “may  affect”  promotions,
etc.  The Board is of the opinion that, considering the evaluators  of
the referral report rendered a “5” promotion recommendation, the  unit
should have provided a clear, unambiguous statement of the  impact  of
the Article 15.  In view of the foregoing and in an effort  to  remove
any possibility of an injustice, applicant’s line number for promotion
to the grade of technical sergeant should be reinstated.  We therefore
recommend the applicant’s records be corrected as indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that he was promoted to the
grade of technical sergeant (E-6), with an effective date and date  of
rank of 1 March 2004.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 February 2004  and  7  June  2004,  under  the
provisions of AFI 36-2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Grover L. Dunn, Member
              Mr. Charlie E. Williams, Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-03818.

   Exhibit A.  DD Form 149, dated 30 Oct 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPE, dated 1 Dec 03.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 9 Dec 03.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Dec 03.
   Exhibit F.  Letter from Applicant, dated 16 Jan 04.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2003-03818




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 APPLICANT be corrected to show that he was promoted
to the grade of technical sergeant (E-6), with an effective date and
date of rank of 1 March 2004.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency