RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03144
            INDEX CODE:  131.03
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE: 18 Apr 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive supplemental consideration for promotion to the  grade  of  staff
sergeant for the 03E5 promotion cycle.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is a prior service member who should have been afforded  the  opportunity
to apply for a skill  level  waiver  for  promotion  testing.   He  was  not
informed of this until a year later.  The waiver is now automatic.

In support of his request, applicant provided  documentation  pertaining  to
his request for a skill  level  waiver  as  an  exception  to  policy.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Personnel Data System and documentation provided  by
the applicant reflects that prior to enlistment in the Air Force  he  served
as an enlisted member of the U.S. Navy.  He  enlisted  in  the  Regular  Air
Force on 5 Sep 02 in the grade of senior  airman.   He  was  ineligible  for
consideration for promotion to the grade of staff sergeant during  the  03E5
cycle because he did not possess  the  required  Air  Force  Specialty  Code
skill level.   He  was  considered  and  selected  for  promotion  to  staff
sergeant during the 04E5 cycle and has  assumed  that  grade  effective  and
with a date of rank of 1 Jan 05.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states an exception to  policy  skill
level request was not submitted until July 2005,  well  after  the  suspense
date of 31 Mar 03 for cycle 03E5.  His MPF received testing products in  the
April/May 2003 timeframe notifying them of individual's eligibility  status.
 His name would have been on a roster notifying them he was  ineligible  due
to insufficient skill level.  The unit commander at  that  time  could  have
approved a skill level waiver but did not.  The applicant claims he was  not
aware of his eligibility for a skill level waiver for cycle  03E5;  however,
he was able to easily find the guidance when preparing to test for 04E5.

Should the Board find in favor of the applicant, he would not be able to  be
supplementally considered for cycle 03E5 as he  did  not  have  an  Enlisted
Performance Report (EPR) with a close-out date on or  before  the  promotion
eligibility cut-off date (PECD) of 31 Mar 03.  EPRs are an integral part  of
the weighted factors in the promotion selection process.   The  total  score
of the EPRs and the score of other weighted factors is subtracted  from  the
cutoff score required for selection to determine what total score  he  would
have required to be selected during the initial selection process.   Without
an EPR score, it is not possible to apply the mechanics of this process  and
provide him supplemental consideration for the 03E5 cycle.

The DPPPWB evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  4  Nov
05 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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.  Applicant requests  he  be  supplementally
considered for promotion to  the  grade  of  staff  sergeant  for  the  03E5
promotion cycle.  He was ineligible for promotion consideration  during  the
03E5 cycle because he did not possess the required skill-level.  It  appears
that he was eligible for a waiver of the  skill-level  requirement  but  was
not made  aware  of  the  opportunity  to  request  a  waiver.   It  is  his
contention, and our belief, he was not afforded an opportunity to request  a
skill-level waiver and compete for promotion.   In  addition,  it  has  been
noted that because the applicant recently transferred from the Navy  and  an
Enlisted Performance Report had not  been  rendered,  he  cannot  be  fairly
considered in the Weighted Airman Promotion System.  It is our opinion  that
had the skill-level waiver been processed and approved in a  timely  manner,
it would not be unreasonable to  assume  that  since  he  had  a  sufficient
amount of supervision prior to the promotion  eligibility  cut-off  date,  a
report would have been rendered.  Therefore, it  is  our  opinion  that  the
benefit of any doubt in this matter should be resolved in his favor.   Since
approval of his skill-level waiver would allow him an  opportunity  to  test
even though he would remain nonweighable  in  the  absence  of  an  EPR,  we
believe our only recourse of action in this case is to  recommend  promotion
to the grade of staff sergeant during the  03E5  cycle.   In  deriving  what
promotion date would be appropriate, we believe that the  fairest  and  most
equitable effective date would be the last month  of  the  promotion  cycle.
Accordingly, we recommend his 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
staff sergeant effective and with a date of rank of 1 September 2004.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
03144 in Executive Session on 13 Dec 05, under the  provisions  of  AFI  36-
2603:

      Ms. BJ White-Olson, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Glenda H. Scheiner, Member

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

    Exhibit A.  DD Form 149, dated 2 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 26 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 05.




                             BJ WHITE-OLSON
                                             Panel Chair

AFBCMR BC-2005-03144




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 promoted to the
grade of staff sergeant effective and with a date of rank of 1 September
2004.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency