RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02607
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  17 Feb 07


__________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of master sergeant (MSgt)  (E-7)  as  if
selected during cycle 00E7.

He be given supplemental promotion consideration  to  the  grade  of
senior master sergeant (SMSgt) (E-8) for the appropriate  cycles  he
would become eligible for if promoted to MSgt during cycle 00E7.

__________________________________________________________________

APPLICANT CONTENDS THAT:

He was the number one non-selectee in his Air Force  Specialty  Code
(AFSC) for promotion to the grade of MSgt during cycle 00E7.  It has
been confirmed that one of the individuals selected for promotion to
the grade of MSgt during cycle 00E7 cheated on the  Weighted  Airman
Promotion System (WAPS) test.  If this NCO had not  cheated  on  his
WAPS test, it is likely he would have been selected for promotion.

In support of his appeal, applicant provides a statement  discussing
the court-martial conviction of the MSgt that cheated  on  the  WAPS
test, that he has been requested to assist in the  court-martial  of
another NCO for cheating,  and  the  hardship  he  believes  he  has
suffered due to not being selected for promotion during the  earlier
promotion cycle.

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

__________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty in  the  grade  of
MSgt.  His Total Active Federal Military Service Date (TAFMSD) is 27
Sep 85.  The applicant was promoted to the grade of MSgt effective 1
Jan 02 as a result of his  selection  during  cycle  01E7.   If  the
applicant had been promoted during cycle 00E7, his date of  rank  to
the grade of MSgt would have been 1 Jun 01.

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB defers to the decision  of  the  AFBCMR   regarding  the
applicant’s  request.   However,  they  have  no  objection  to  the
applicant being retroactively promoted to the grade of MSgt.

They note that adjustments may be made after the  fact  when  it  is
determined that an individual who was selected  was  ineligible  for
promotion consideration at the  time.   This  normally  occurs  when
personnel actions that render someone ineligible do not have time to
process to the promotion file  by  the  time  selections  are  made.
Under these circumstances, adjustments may be made  to  promote  the
number  one  select  when  appropriate.   However,  there   are   no
provisions   in   current   policy   for   the   applicant   to   be
administratively  promoted  after  the  date   of   selections   for
promotion.  On 31 May 00 when selections were made for  cycle  00E7,
the individual that cheated was  a  valid  selectee.   Consequently,
they cannot take the promotion he  received  and  award  it  to  the
applicant.

The complete evaluation is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on
16 Sep 05 for review  and  comment  within  30  days.   To  date,  a
response has not been received.

__________________________________________________________________

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 note  that  the  Air  Force
office of primary responsibility does not object to the  applicant’s
promotion.  It appears that since the applicant was the  number  one
nonselect in his Air Force  Specialty  Code  (AFSC),  it  is  highly
probable he would have been selected for promotion if  the  cheating
had not  taken  place.   Additionally,  we  further  note  that  the
applicant has assisted Air Force prosecutors by  testifying  to  the
hardship he has suffered due to the  actions  of  those  accused  of
cheating.   Therefore,  we  recommend  the  applicant’s  records  be
corrected as 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 he was  promoted  to
the grade of master sergeant (MSgt) effective and  with  a  date  of
rank (DOR) of 1 June 2001, rather than 1 January 2002.

It is further recommended he be provided supplemental  consideration
for promotion to the grade of senior master sergeant (SMSgt) for all
appropriate cycles beginning with cycle 03E8.

If selected for promotion to senior master sergeant by  supplemental
consideration,  he   be   provided   any   additional   supplemental
consideration required as a result of that selection.

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  qualifications  for  the
promotion.

__________________________________________________________________

The following members of the Board considered Docket Number BC-2005-
02607 in Executive Session on 19 October 2005, under the  provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. Barbara R. Murray, Member

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

     Exhibit A.  DD Form 149, dated 12 Aug 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPPWB, dated 1 Sep 05.
     Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 05.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-2005-02607


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 he  was
promoted to the grade of master sergeant (MSgt) effective and with  a
date of rank (DOR) of 1 June 2001, rather than 1 January 2002.

      It is further directed he be given  supplemental  consideration
for promotion to the grade of senior master sergeant (SMSgt) for  all
appropriate cycles beginning with cycle 03E8.

       If  selected  for  promotion  to  senior  master  sergeant  by
supplemental   consideration,   he   be   provided   any   additional
supplemental consideration required as a result of that selection.

      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 qualifications for the promotion.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency