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AF | BCMR | CY2005 | BC-2005-01787
Original file (BC-2005-01787.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01787
                                    (Case 2)
            INDEX CODE:  131.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 DECEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

By  amendment  at  Exhibit  E,  she  requests  supplemental  promotion
consideration to the grade of chief master sergeant  (E-9),  with  the
corrected EPR, closing 14 May 2000.

The  applicant’s  initial  request  for  correction  of  her  Enlisted
Performance Report (EPR), closing 14  May  2000,  was  considered  and
approved by the Evaluation Reports Appeal Board (ERAB) in  July  2005.
Hence, no Board action is required on this portion of the  applicant’s
appeal.
_________________________________________________________________

APPLICANT CONTENDS THAT:

In November 2004, she became aware of an error regarding her  time-in-
grade eligibility on her 14 May 2000 EPR.  The errors in  the  14  May
2000 EPR seriously  jeopardized  her  promotion  to  E-9,  sending  an
erroneous message to the selection  board.   The  ERAB  corrected  the
existing EPR by replacing it with a corrected  EPR,  but  supplemental
promotion consideration was unfavorable.  She has served honorably for
27 years and has maintained a stellar record.  She has performed in an
E-9 slot for more than a year with proven abilities.

In support of her request, the applicant submits a personal statement,
copies of EPRs and decorations, her 1 February 2005 ERAB appeal and 28
March 2005 ERAB decision and e-mail traffic.  The applicant’s complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active  Federal  Military  Service  Date
(TAFMSD) as 22 May 1978.  She is currently serving on active  duty  in
grade of senior master sergeant (E-8), with an effective date and date
of rank of 1 February 1999.

Information extracted from applicant’s submission  reveals  a  similar
EPR appeal by the applicant, under Air  Force  Instruction  (AFI)  36-
2401, was considered and denied by the Evaluation Report Appeal  Board
(ERAB) on 28 March 2005.

On 1 June 2005, the applicant submitted a similar  EPR  appeal,  under
Air  Force  Instruction  (AFI)  36-2603  (AFBCMR).   Her  appeal   was
forwarded to the ERAB for review prior to AFBCMR consideration.  On  5
July 2005, the ERAB approved the applicant’s request for correction of
her  EPR,  closing  14  May  2000;  however,  supplemental   promotion
consideration was disapproved.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application for  supplemental  promotion
consideration  be  denied.   DPPPWB  states  that  a  review  of   the
applicant’s record reveals she  was  considered  and  nonselected  for
promotion to E-9 four times (01-04).  However, based on  her  date  of
rank (DOR) to E-8, she should have been considered during cycle  00E9.
The promotion system reflects she tested  for  that  cycle,  but  AFPC
turned her record off (presumably due to the EPR being marked  as  TIG
ineligible).  DPPPWB indicates that a  member  will  not  normally  be
granted supplemental consideration if the error or  omission  appeared
on his/her Data Verification Record (DVR) or  in  the  Unit  Personnel
Record Group (UPRG) and the individual did not  take  the  appropriate
corrective or follow-up action before  the  original  board  convened.
The applicant did not discover the error to  her  EPR  until  November
2004 or pursue a change through the ERAB until 1 February 2005,  after
the board convened for the 00E9  cycle  (23  October  2000).   The  HQ
AFPC/DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that, due to
the July 2005 decision to amend her 14 May 2000 EPR,  she  requests  a
favorable decision to allow her to competitively compete for E-9  with
her corrected records.  The  applicant’s  complete  submission  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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error  or  injustice.   We  took  notice  of  applicant’s
complete submission in judging the merits of the case and believe  she
has been the victim of an injustice.  Although the ERAB corrected  the
EPR  under  review,  they  did  not  approve  supplemental   promotion
consideration.  After reviewing the  applicant’s  submission  and  the
evidence of record, we note the revised  EPR  now  contains  a  strong
indorsement by the final  evaluator.   In  our  opinion,  the  missing
indorsement was a  substantial  error  and  the  applicant  should  be
considered for promotion to the grade of chief master  sergeant  (E-9)
by  a  supplemental  promotion  board,  with  her  corrected   record.
Accordingly, in an effort to remove any possibility of an injustice to
the applicant, we recommend the  applicant  be  afforded  supplemental
promotion consideration for  all  appropriate  cycles  beginning  with
cycle 00E9, with inclusion of the EPR closing 14 May 2000.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that  the  Senior  Enlisted
Performance Report (MSgt thru CMSgt), AF Form 911,  rendered  for  the
period 15 May 1999 through 14 May 2000, was signed by the indorser  in
Section VII, on 14 May 2000, rather than 15 February 2005.

She be provided supplemental consideration for promotion to the  grade
of chief master sergeant for all appropriate  cycles,  beginning  with
cycle  00E9,  with  inclusion  of  her   corrected   Senior   Enlisted
Performance Report closing 14 May 2000.

If AFPC discovers  any  adverse  factors  during  or  subsequent  to
supplemental  consideration  that  are  separate  and   apart,   and
unrelated to the issues involved in  this  application,  that  would
have rendered the  applicant  ineligible  for  the  promotion,  such
information will be documented and presented  to  the  board  for  a
final  determination  on  the  individual's  qualification  for  the
promotion.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 September 2005, under the provisions of AFI 36-
2603:

                  Ms. B. J. White-Olson, Panel Chair
                  Ms. Janet I. Hassan, Member
              Mr. James A. Wolffe, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2005-01787.

   Exhibit A.  DD Form 149, dated 1 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 15 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.
   Exhibit E.  Letter from Applicant, dated 11 Aug 05.



                                   B. J. WHITE-OLSON
                                   Panel Chair


AFBCMR BC-2005-01787




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 the Senior
Enlisted Performance Report (MSgt thru CMSgt), AF Form 911, rendered
for the period 15 May 1999 through 14 May 2000, was signed by the
indorser in Section VII, on 14 May 2000, rather than 15 February
2005.

      She be provided supplemental consideration for promotion to
the grade of chief master sergeant for all appropriate cycles,
beginning with cycle 00E9, with inclusion of her corrected Senior
Enlisted Performance Report closing 14 May 2000.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and unrelated to
the issues involved in this application, that would have rendered the
applicant ineligible for the promotion, such information will be documented
and presented to the board for a final determination on the individual's
qualification for the promotion.





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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