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AF | BCMR | CY2006 | BC-2005-01418
Original file (BC-2005-01418.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01418
            INDEX NUMBER:  131.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  27 Oct 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be updated  to  reflect  four  awards  of  the  Air  Force
Achievement Medal (AFAM) rather than three.  [Examiner’s  Note:   AFPC
has administratively corrected the applicant’s record to reflect  four
awards of the AFAM]

He be promoted to the grade of master sergeant (MSgt) as  if  selected
during cycle 03E7.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He found the original copies of the four AFAMs he  has  been  awarded.
When he tested for promotion to the grade of master sergeant (MSgt) (E-
7) in Jan 03, his score sheet only reflected two AFAMs.  He found  two
more AFAMs in his personal records on separate occasions.   The  local
Military Personnel Flight has updated one of  the  medals.   He  would
like the second medal added to his record.  The two AFAMs provide  him
with enough points for selection for promotion to the grade of MSgt.

In support of his appeal, applicant provides copies of his  decoration
citations and a copy of his Weighted Airman  Promotion  System  (WAPS)
Score Notice.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 14 Dec  84.   He
retired effective 1 Jan 05 in the grade of technical sergeant (TSgt).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB  recommends  denial  of  the   applicant’s   request   for
supplemental promotion consideration.  The applicant  had  ample  time
and opportunity to discover/identify the  missing  decorations  during
the data verification process for cycle 03E7 and  before  retiring  31
Dec 04.  In accordance with AFI  36-2502,  paragraph  2.3.4.2,  to  be
eligible for promotion consideration, an airman must review their data
verification rip (DVR) and report any errors to the military personnel
flight (MPF).

The first time the missing citations  would  have  been  used  in  the
promotions process was cycle 03E7  (promotions  effective  Aug  03-Jul
04).  The applicant’s total score was 329.93 and a score of 331.18 was
required for selection in his AFSC.  Had the two AFAMs  been  updated,
his total score would have been 331.93, rendering him a select to  the
grade of MSgt for cycle 03E7.

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
24 Jun 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.  Insufficient relevant evidence has been presented to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the merits  of  the  case;
however, we agree with the opinion  and  recommendation  of  the  Air
Force office of primary responsibility (OPR) and adopt its  rationale
as the primary basis for our conclusion that the  applicant  has  not
been the  victim  of  an  error  or  injustice.   We  note  that  the
appropriate  Air  Force  OPR  has  administratively   corrected   the
applicant’s record to include the referenced  decorations.   However,
we do not believe the decorations should be used retroactively in the
promotion process.  In our view the applicant has failed  to  present
sufficient evidence that he exercised due  diligence  to  ensure  his
records were correct when competing for promotion.  Should the  Board
promote the applicant to the grade  of  MSgt,  he  would  be  granted
retirement in a grade in which he never served.  Additionally, if  he
were reinstated to active duty,  the  two-year  active  duty  service
commitment (ADSC) he would be required to serve would start on 1  Jun
04 and likely will have expired by the  time  he  actually  reentered
active duty.  We do not believe the circumstances of his case warrant
his retroactive promotion  and  the  potential  windfall  that  would
result from it.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable material  error  or  injustice;
that the application was denied without a  personal  appearance;  and
that 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 Docket Number BC-2005-01418
in Executive Session on 11 August 2005, under the provisions of AFI 36-
2603:


      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Sue A. Lumpkins, Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPWB, dated 25 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jun 05.




                                   MARILYN M. THOMAS
                                   Vice Chair

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