RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01315
            INDEX CODE:  131.02
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

      MANDATORY CASE COMPLETION DATE: 21 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her 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),  her  Control  Air  Force  Specialty  Code  (CAFSC),  as
reflected in the Personnel Data System was 8T000.  Based on that  CAFSC  her
record was scored by the 8T000  panel  during  the  05E8  evaluation  board.
After  her  selection  for  promotion  to  senior  master  sergeant  it  was
determined that she should have been  considered  with  a  CAFSC  of  8F000,
First Sergeant and that her selection  for  promotion  was  erroneous.   Her
records were considered by the May 2005 supplemental evaluation board  which
resulted in her 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 she 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, her 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 her 05E8 board, both AFIs were in existence and  she
believes she has been the victim of an injustice.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular Air Force  on  11
Jun 84.  She was progressively promoted to the  grade  of  master  sergeant,
having assumed that grade effective and with at date of rank of  1  Nov  01.
While serving in AFSC 8T000 she was approved for special duty assignment  as
a First Sergeant.  She departed her previous duty assignment to  attend  FSA
on 6 Sep 04.  The PECD for promotion cycle 05E8 was  30  Sep  04.   She  was
considered and tentatively selected for promotion to  the  grade  of  senior
master sergeant  during  the  05E8  cycle,  in  CAFSC  8T000,  and  received
promotion sequence number 1127.  During the  data  verification  process  it
was discovered that she competed for promotion in the  incorrect  CAFSC  and
her promotion selection was removed.  She 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  8T000;
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 she  does
not specifically express her complaint as such it is  evident  she  contends
she  suffered  an  injustice  when  her  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  8T000.   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 she competed in CAFSC 8T000  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 her departure to attend the First Sergeant Academy,  which  was
prior  to  the  PECD.   Her  records  were  corrected,  she   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 her record was  scored  against
benchmark records that most likely contained superior performance as  actual
first sergeants, we believe her promotion to  the  grade  of  senior  master
sergeant in her 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 she was  selected  for  promotion  to
the grade  of  senior  master  sergeant  during  promotion  cycle  05E8  and
assigned promotion sequence number 1127.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01315 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 15 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 21 Apr 05.
    Exhibit D.  Letter, AFPC/DPPAC, dated 26 Apr 05.
    Exhibit E.  Letter, AFPC/JA, dated 5 May 05.
    Exhibit F.  Letter, SAF/MRBR, dated 17 Jun 05.
    Exhibit G.  Letter, Applicant, dated 4 Jul 05.




                             CHARLES E. BENNETT
                                             Panel Chair
AFBCMR BC-2005-01315




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 she was selected for
promotion to the grade of senior master sergeant during promotion cycle
05E8 and assigned promotion sequence number 1127.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency