RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01171
            INDEX CODE:  131.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE: 8 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His selection for promotion to  the  grade  of  senior  master  sergeant  be
reinstated with all back pay and allowances.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As of the promotion eligibility cut-off date (PECD) for the  05E8  promotion
cycle (30 Sep  04),  his  Control  Air  Force  Specialty  Code  (CAFSC),  as
reflected in the Personnel Data System was 3C0X2.  Based on that  CAFSC  his
record was scored by the 3C0X0  panel  during  the  05E8  evaluation  board.
After  his  selection  for  promotion  to  senior  master  sergeant  it  was
determined that he should have been considered with a CAFSC of 8F000,  First
Sergeant and that his selection for promotion was  erroneous.   His  records
were  considered  by  the  May  2005  supplemental  evaluation  board  which
resulted in his nonselection.  There were  two  conflicting  regulations  in
use.  According to AFI 36-2113,  The  First  Sergeant,  paragraph  4.3,  the
CAFSC of 8F000 is awarded upon graduation from the  First  Sergeant  Academy
(FSA).  As of the PECD he was still attending FSA  and  had  not  graduated.
In accordance with AFI 36-2101, Classifying Military Personnel (Officer  and
Enlisted), the CAFSC effective date for retraining through a  formal  school
is  the  dated  departed  TDY  to  accomplish  the  training.   Under   that
instruction, his record should been scored  by  the  First  Sergeant  panel.
Action has been taken  to  change  AFI  36-2113  to  correct  the  conflict.
However, at the time of his 05E8 board, both AFIs were in existence  and  he
believes he has been the victim of an injustice.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  28
Dec 99.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with at date of rank of  1  May  02.
While serving in AFSC 3C0X0 he was approved for special duty  assignment  as
a First Sergeant.  He departed his previous duty assignment  to  attend  FSA
on 8 Sep 04.  The PECD for promotion cycle 05E8  was  30  Sep  04.   He  was
considered and tentatively selected for promotion to  the  grade  of  senior
master sergeant  during  the  05E8  cycle,  in  CAFSC  3C0X0,  and  received
promotion sequence number 1298.  During the  data  verification  process  it
was discovered that he competed for promotion in  the  incorrect  CAFSC  and
his promotion selection was removed.  He was supplementally  considered  for
promotion in CAFSC 8F000 and was not selected for promotion.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states members compete for  promotion
in the CAFSC held at the PECD.  On the  PECD  the  system  reflected  3C0X0;
however, it should have reflected 8F000.  Although AFI  36-2113  states  the
CAFSC 8F000 is awarded upon graduation from FSA, the  governing  instruction
for award of AFSCs is AFI 36-2101.  In accordance with AFI  36-2502,  Airman
Promotion Program, promotion selection is tentative until data  verification
is complete.  There are no provisions for a person who has been  erroneously
selected to retain promotion based  solely  on  notification.   Supplemental
promotion consideration is afforded to members whose records were  in  error
during the initial selection process.  This action is  fair  and  consistent
with how members have  been  treated  in  similar  situations.   The  DPPPWB
evaluation is at Exhibit C.

AFPC/DPPAC recommends denial.   DPPAC  states  the  guidance  in  the  First
Sergeant AFI will be modified to comply  with  AFI  36-2101.   Changing  the
CAFSC upon departure from the losing organization will continue  to  be  the
rule.  Although there is conflicting guidance, the applicable rule  must  be
used.  The DPPAC evaluation is at Exhibit D.

AFPC/JA defers a decision to the Board.  JA  states  to  obtain  relief  the
applicant must show by a preponderance of the evidence that  some  error  or
injustice exists warranting corrective action by the Board.  While  he  does
not specifically express his complaint as such it is evident he contends  he
suffered an injustice when his tentative selection was revoked.   Injustices
have long been  defined  in  the  BCMR  context  as  treatment  by  military
authorities "that shocks the  sense  of  justice,  but  is  not  technically
illegal."  While a legal error did not occur in this case, JA  believes  one
could conclude that the  facts  in  this  case  rise  to  the  level  of  an
injustice meriting relief.  JA leaves this determination to  the  discretion
of the Board.  The JA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant's response to the Air Force evaluations is appended at Exhibit G.

_________________________________________________________________

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.   Upon  the  promotion  eligibility  cutoff
date (PECD) the  applicant's  CAFSC  reflected  3C0X0.   The  applicant  was
selected for promotion  to  the  grade  of  senior  master  sergeant  during
promotion cycle 05E8.  However, during promotion data  verification  it  was
determined that he competed in CAFSC  3C0X0  and  should  have  competed  in
CAFSC 8F000.  It appears that the error existed due  to  the  fact  that  in
accordance with AFI 36-2113,  the  instruction  governing  First  Sergeants,
those attending the First Sergeant Academy are not awarded the  8F000  CAFSC
until  successful  completion  of  the  course.    However,   AFI   36-2101,
Classifying Military Personnel, dictates that the  CAFSC  should  have  been
awarded upon his departure to attend the First Sergeant Academy,  which  was
prior  to  the  PECD.   His  records  were  corrected,   he   was   provided
supplemental promotion consideration and not selected for promotion  in  the
8F000 CAFSC.  In view of the conflicting AFIs governing the  effective  date
for changing the CAFSC upon being selected for retraining and the fact  that
it is  conceivable  the  applicant  may  have  been  at  a  disadvantage  in
competing for supplemental promotion because his record was  scored  against
benchmark records that most likely contained superior performance as  actual
first sergeants, we believe his promotion to  the  grade  of  senior  master
sergeant in his old CAFSC should be reinstated as an exception to policy.

_________________________________________________________________

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 selected for promotion to  the
grade of senior master sergeant during promotion  cycle  05E8  and  assigned
promotion sequence number 1298.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01171 in Executive Session on 23 Jun 05, under the  provisions  of  AFI  36-
2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Marcia Jane Bachman, Member
      Mr. Robert H. Altman, Member

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

    Exhibit A.  DD Form 149, dated 28 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 14 Apr 05.
    Exhibit D.  Letter, AFPC/DPPAC, dated 5 May 05.
    Exhibit E.  Letter, AFPC/JA, dated 1 Jun 05.
    Exhibit F.  Letter, SAF/MRBR, dated 17 Jun 05.
    Exhibit G.  Letter, Applicant, dated 15 Jul 05.




                             CHARLES E. BENNETT
                                             Panel Chair
AFBCMR BC-2005-01171




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 selected for
promotion to the grade of senior master sergeant during promotion cycle
05E8 and assigned promotion sequence number 1298.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency