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AF | BCMR | CY2005 | BC-2004-03518
Original file (BC-2004-03518.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03518
            INDEX CODE:  131.05

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

She be promoted to the rank of  master  sergeant  (MSgt)  effective
1 September 2004 rather than 1 November 2004.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The eligibility requirements for promotion to the rank of MSgt were
met prior to the promotion month of 1 Sep 04.

In support of her appeal, applicant submitted email  correspondence
between her personnel office and HQ ARPC.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant,  an  individual  mobilization  augmentee  (IMA),  is
currently  serving  in  the  grade  of  master  sergeant,  with  an
effective date and date of rank of 1 November 2004, as a  personnel
craftsman.  She was nominated for  the  Calendar  Year  (CY)  CY04A
Promotion Enhancement Program (PEP) promotion board  that  convened
in Mar 04, however, she was not selected.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB  reviewed  this  application  and  recommended  denial.
Applicant was not eligible for vacancy promotion until  the  senior
master sergeant (SMSgt) occupying the position she occupied was  no
longer assigned to the position.   The  SMSgt  retired  during  the
month of Oct 2004, freeing up the position so the  applicant  could
be promoted.  She was promoted on  1 November  2004,  the  earliest
vacancy promotion she could receive.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated her  original  contentions  that  her  records
should be corrected to reflect her  promotion  to  master  sergeant
effective as of 1 September 2004.

In support of her appeal, applicant provided a  personal  statement
and a copy of emails between her personnel office and HQ ARPC.

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.  After a  thorough
review of the evidence of record and applicant's submission, we are
not persuaded that  her  assertions,  in  and  by  themselves,  are
sufficiently persuasive to override the rationale provided  by  the
Air  Force  Reserve  (AFR).   The  applicant  argues  she  met  the
eligibility requirements  for  promotion  to  the  rank  of  master
sergeant  prior  to  the  promotion  month  of  1  September  2004.
However, based on  the  evidence  presented,  we  do  not  find  an
adequate basis to conclude the applicant was eligible for the  unit
vacancy promotion based on AFI 36-2502, Table 4.2.  The  applicant,
a technical sergeant (TSgt), and a senior master  sergeant  (SMSgt)
were occupying the same position as of 1 September 2004.  According
to the AFR, the SMSgt retired during the  month  of  October  2004,
which caused the applicant to be the sole occupant of the  position
and therefore eligible for vacancy promotion as of 1 November 2004.
 Additionally, the evidence provided  reflects  the  applicant  was
recommended for promotion by her major command  for  the  promotion
cycle, effective 1 November 2004.  Consequently, we agree with  the
opinion  and  recommendation  of  the   AFR   office   of   primary
responsibility and adopt the rationale expressed as the  basis  for
our decision that the applicant has failed to sustain her burden of
having suffered either an error or injustice.  In  the  absence  of
persuasive 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 AFBCMR Docket  Number
BC-2004-03518 in Executive Session on 19 January  2005,  under  the
provisions of AFI 36-2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Michael J. Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPB, dated 30 Nov 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Dec 04.
    Exhibit E.  Letter, Applicant, dated 27 Dec 04, w/atchs.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair

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