RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-03901
            INDEX NUMBER: 131.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His dates of rank (DORs) to the grades of  airman  (E-2)  and  airman  first
class (E-3) be changed to 1 September 2002 and 30 July 2003, respectively.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The letter which nonrecommended him for promotion to  the  grade  of  airman
was unclear, untimely, and  was  written  by  the  acting  commander,  i.e.,
squadron section commander, without proper authority.

In support of the appeal,  applicant  submits  a  copy  of  the  Article  15
imposed on 1 March 2002, the nonrecommendation for promotion letter,  copies
of two Enlisted Performance Reports  (EPRs),  promotion  recommendations  to
the grades of airman and airman first class, and a letter of  recommendation
from his current commander.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  6
February 2001, for a period of six years.  He was progressively promoted  to
the grade of airman first class.  On 1 March  2002,  the  commander  imposed
nonjudicial punishment against him under Article 15 of the Uniform  Code  of
Military Justice (UCMJ) for consuming alcohol while under the age of 21  and
operating a vehicle while drunk.  The punishment consisted  of  a  reduction
to the grade of airman basic (E-1), with a new DOR of 1 March  2002  and  30
days  of  correctional  custody.   On  3  September  2002,   his   commander
nonrecommended him for promotion to the grade of  airman  which  was  to  be
effective on 1 September 2002.  The commander indicated her  basis  for  the
action was the  applicant’s  receipt  of  an  Article  15.   He  received  a
referral EPR, closing  5 October  2002.   He  received  a  nonreferral  EPR,
closing 30 July 2003.  On 30 March 2004, the commander recommended  him  for
promotion to the grade  of  airman  and  airman  first  class,  effective  1
September 2002  and  30  July  2003,  respectively.   He  was  retroactively
promoted to the grade of airman on 30 July 2003.  He  was  promoted  to  the
grade of airman first class on 30 May 2004.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPPWB recommends the application be denied and states, in  part,  that
although the wording in the nonrecommendation for promotion letter may  have
been  misleading,  the  commander  never  gave  written  recommendation  for
promotion to the grade of airman to be effective 1  September  2002.   While
he met the time in grade requirements for promotion to the grade  of  airman
on 1 September 2002,  he  did  not  receive  a  written  recommendation  for
promotion from the commander.  In addition,  an  airman  is  ineligible  for
promotion if they have a referral EPR or an overall rating  of  “2”  on  the
top EPR and do not again become promotion eligible  until  they  receive  an
EPR with an overall rating of “3” or higher that is not a referral report.

The AFPC/DPPPWB evaluation, with attachment, is at Exhibit C.

AFPC/JA recommends the application be granted and states, in part,  that  an
improper basis, i.e., the Article 15, was used to withhold his promotion  to
the grade of airman on 1 September 2002.  Further, he had not  received  the
referral EPR until after his promotion would have been effective.

The AFPC/JA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Applicant agrees with the findings  and  recommendations  contained  in  the
AFPC/JA evaluation.

Applicant’s complete response 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.   The  Staff  Judge  Advocate  (AFPC/JA)
recommends the requested relief be granted since an  improper  basis,  i.e.,
the Article 15, was used to withhold the applicant’s promotion to the  grade
of airman on 1 September 2002.  AFPC/JA also notes  the  applicant  had  not
received the  referral  EPR  until  after  his  promotion  would  have  been
effective.  In view of the above, and given the commander’s support of  this
request, we recommend the applicant’s records be  corrected  to  the  extent
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:


      a.    He was promoted to the grade of airman,  effective  and  with  a
date of rank of 1 September 2002, rather than 30 July 2003.

      b.    He was promoted to the grade of airman  first  class,  effective
and with a date of rank of 30 July 2003, rather than 30 May 2004.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-03901
in Executive Session on 20 April 2005, under the provisions of AFI 36-2603:

                       Ms. B. J. White-Olson, Panel Chair
                       Ms. Ann-Cecile M. McDermott, Member
                       Ms. Jan Mulligan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 13 Jan 05, w/atch.
    Exhibit D.  Letter, AFPC/JA, dated 28 Feb 05.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Mar 05.
    Exhibit F.  Memo, Applicant, dated 9 Mar 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair

AFBCMR BC-2004-03901




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 XXXXXXX, XXXXXXX, be corrected to show that:

            a.    He was promoted to the grade of airman, effective and with
a date of rank of 1 September 2002, rather than 30 July 2003.

            b.    He was promoted to the grade of airman first class,
effective and with a date of rank of 30 July 2003, rather than 30 May 2004.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency