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AF | BCMR | CY2005 | BC-2005-02024
Original file (BC-2005-02024.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02024
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 DEC 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a new Weighted Airman  Promotion  System  (WAPS)  test  date  and
supplemental promotion to the grade of master sergeant for cycle 05E7.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to his test  date,  he  was  on  temporary  duty  (TDY)  to  the  Non-
Commissioned Officer (NCO) Academy.  While TDY to the academy his house  was
up for sale.  Prior  to  his  graduation  from  the  academy,  his  personal
belongings, to include his testing notification,  were  packed  without  his
authorization by the people buying his house.  He has  a  written  agreement
that states his personal belongings would  remain  in  the  house  until  he
returned from the academy.  He  was  due  to  return  from  the  academy  on
10 February 2005 and his belongings were to be removed by him no later  than
15 February 2005.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 8 December 1989, the applicant enlisted in the Regular Air Force.  He  is
currently serving in the grade of technical sergeant effective  and  with  a
date of rank (DOR) of 1 February 2003.

On 30 December 2004, the applicant received notification of  his  test  date
(22 February 2005) for cycle 05E7 and signed the letter  acknowledging  this
fact.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPWB recommended denial indicating while the  applicant  was  TDY  to
the NCO Academy, his personal belongings (to include his testing  paperwork)
were packed and moved into storage.  On the morning of 22 February 2005,  he
called his Orderly Room to confirm his test date and time.  By the  time  he
spoke to someone with the information, he had  already  missed  his  testing
time.

A promotion eligibility status (PES) code  “P”  (no-show  for  testing)  was
updated in the system.  This is an  ineligibility  condition  in  accordance
with AFI 36-2502, Table 1.1, Rule  10.   Failure  to  report  for  scheduled
testing renders an airman ineligible for promotion consideration unless  the
immediate  commander  approves  rescheduling   within   10   workdays.    On
23 February 2005, the applicant approached his commander  requesting  a  new
test date, but his request was denied.

Both AFI 36-2502, Airman Promotion Program, 6 August 2002 and  36-2605,  Air
Force Military Personnel  Testing  System,  14  November  2003,  state  that
preparing for promotion  testing  and  knowing  your  promotion  eligibility
status is solely  an  individual  responsibility.   However,  if  the  Board
determines he has suffered an injustice and should be  provided  relief,  it
could direct he be given a new test date and supplemental consideration  for
cycle 05E7.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 July 2005, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or an injustice.  We took notice  of  the  applicant's
complete submission in judging the merits of the case  and  the  applicant’s
contentions  are  duly  noted;  however,  we  agree  with  the  opinion  and
recommendation of the Air Force and adopt its rationale  as  the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  The Board notes on 30 December 2004, the applicant received  and
signed notification of his test date.  On the day of testing  the  applicant
was a no show, thereby rendering him ineligible for promotion  consideration
unless his immediate commander approved  rescheduling  within  10  workdays.
The applicant requested a new test date; however,  his  immediate  commander
denied his request.  Testing for promotion is an  individual  responsibility
and while it  appears  the  applicant  was  dealing  with  various  personal
issues, we do not believe that  overrides  his  professional  responsibility
for knowing his testing date.  Even if he had forgotten his test date  while
at the NCOA or after finding his household goods packed, it appears  he  had
ample time to call his orderly room to confirm the date.   In  view  of  the
foregoing and in the absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-2005-
02024 in Executive Session on 22 September 2005,  under  the  provisions  of
AFI 36-2603:

            Mr. Christopher D. Carey, Panel Chair
            Ms. Sue A. Lumpkins, Member
            Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 June 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 13 July 2005
   Exhibit D.  Letter, SAF/MRBR, dated 22 July 2005.




                                CHRISTOPHER D. CAREY
                                Panel Chair


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