Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-00118
Original file (BC-2006-00118.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00118
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  14 July 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge records be corrected to  reflect  the  rank  of  airman  first
class (E-4), and he receive all back pay.

________________________________________________________________

APPLICANT CONTENDS THAT:

Despite the fact that he earned the rank of airman  first  class,  he  never
received the rank or pay because Major N--- unfairly gave the  promotion  to
someone else.  The major also committed  other  unjust  acts  of  prejudice,
such as losing his pay records 4 times during promotion periods over  the  2
years he was under his command.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  16
November 1960, for a period of 4 years and  later  extended  the  enlistment
for a period  of  9  months.   He  received  his  3-skill  level  Air  Force
Specialty Code (AFSC) on 23 December 1960.  He  was  progressively  promoted
to the grade of airman second class (E-3), with a date of rank  (DOR)  of  1
June 1961.  He received his  5-skill  level  AFSC  on  26  March  1962.   On
15 March 1965, he was released from active duty and transferred to  the  Air
Force Reserve in the grade of airman  second  class.   He  had  completed  4
years and 9 months of active service.  He was honorably discharged from  the
Air Force Reserve on 15 June 1966, in the grade of airman second class.






Applicant’s Airman Performance Report (APR) profile, follows:

      PERIOD ENDING                     OVERALL EVALUATION

      14 Sep 61  4-2
       2 Aug 62        7-3
       2 Aug 63        7-3
       2 Aug 64        8-3

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied, and states, in part,  that
applicant’s request should be time barred; however, should the  Board  chose
to decide the case, it  should  be  denied  based  on  a  lack  of  official
documentation.  Applicant’s records contain no  documentation  showing  that
he was  promoted  to  the  grade  of  E-4.   The  minimum  requirements  for
promotion consideration to E-4 are that the individual have 8  months  time-
in-grade,  possess  a  3-skill  level  AFSC,  and  be  recommended  by   the
commander.  Supervisors and commanding  officers  at  the  time  were  in  a
better position to evaluate his potential  and  eligibility  for  promotion.
Further, after serving 4 years and 9 months of active  duty,  his  promotion
history and eligibility for promotion would have been reviewed at  the  time
of separation.

The AFPC/DPPPWB evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  10
February 2006, for review and comment, within 30 days.  However, 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  Although the  applicant  met  two  of  the
three minimum eligibility requirements for promotion consideration  to  E-4,
i.e., 8 months time-in-grade and possessed a 3-skill level  AFSC,  there  is
no  evidence  he  met  the  third  and  final  requirement  of  having  been
recommended for promotion by the commander.  While  the  applicant  contends
his failure to be promoted was  an  act  of  prejudice,  he  has  failed  to
provide documentary evidence to support this contention.  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 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-2006-00118
in Executive Session on 14 March 2006, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Dec 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 30 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Feb 06.




                                   RICHARD A. PETERSON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-03391

    Original file (BC-2005-03391.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03391 INDEX CODE: 131.09 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 14 MAY 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted to the rank of E-4, Sergeant, effective at the time of discharge. Applicant states, he was told that he would be promoted to E-4, on his DD Form 214, but...

  • AF | BCMR | CY1999 | 9802328

    Original file (9802328.doc) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant’s military personnel records reflects that the applicant, a former United States Air Force Academy cadet, was ordered to extended active duty on 1 Jun 94. The applicant erroneously tested for promotion to staff sergeant for the 95E5 cycle on 8 May 95.

  • AF | BCMR | CY2005 | BC-2005-00338

    Original file (BC-2005-00338.doc) Auto-classification: Approved

    According to a letter provided by the applicant, the WAPS Testing Control Officer believed the applicant would test for promotion to the grade of TSgt in his old AFSC of 2A651B due to the system showing a date initially entered retraining (DIERT) of 9 Jan 04, which was after the promotion eligibility cutoff date (PECD) of 31 Dec 03. We further note that the Air Force’s scoring his test against the wrong shred of the correct AFSC and erroneously notifying him that he had been selected for...

  • AF | BCMR | CY2005 | BC-2005-02607

    Original file (BC-2005-02607.doc) Auto-classification: Approved

    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. If the applicant had been promoted during cycle 00E7, his date of rank...

  • AF | BCMR | CY2007 | BC-2007-00400

    Original file (BC-2007-00400.doc) Auto-classification: Denied

    Based on applicant’s DOR to Senior Airman (SrA), he was eligible for promotion consideration to SSgt for cycle 04E5; however, he did not possess the required 5 skill level by the promotion eligibility cutoff date (31 Mar 04) in accordance with AFI 36-2502, Table 2.1, Rule 2. The applicant’s name appeared on a roster reflecting that he was in training status code (TSC) “F” for this cycle as he still had not attained the required 5 skill level by the Promotion Effective Cutoff Date (PECD) 31...

  • AF | BCMR | CY1999 | 9802148

    Original file (9802148.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02148 INDEX NUMBER: 131.04 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank and effective date of promotion to the grade of senior airman (SrA) be changed from 11 May 1998 to 28 February 1998. DPPPWB stated the basic eligibility criteria for promotion to senior airman (SrA) is not be...

  • AF | BCMR | CY2005 | BC-2004-02532

    Original file (BC-2004-02532.doc) Auto-classification: Approved

    If applicant is reawarded 3P0X1 as a secondary AFSC, he would receive supplemental promotion consideration in the 9A000 AFSC (retraining or pending retraining) beginning with cycle 03E5. Applicant requests his 3P051 AFSC be reinstated as a secondary AFSC and that his promotion to the rank of staff sergeant (SSgt) be effective the date of the 03E5 promotion cycle. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of...

  • AF | BCMR | CY2005 | BC-2005-01991

    Original file (BC-2005-01991.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01991 INDEX CODE: 106.00, 100.05 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 24 Dec 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 reflect an Air Force Specialty Code (AFSC) of 81150 rather than 81130, and his 1985 discharge be upgraded from general to honorable. According to his Enlisted...

  • AF | BCMR | CY2004 | BC-2004-00403

    Original file (BC-2004-00403.doc) Auto-classification: Denied

    A complete copy of the evaluation is attached at Exhibit C. AFPC/DPPPWB states that a review of the applicant’s record reveals only one report was actually indorsed by MSgt B--- (28 January 1966 - 27 January 1967). To be considered for promotion to master sergeant, an individual must have 24 months time- in-grade, possess a 7-skill level Air Force Specialty Code (AFSC), and be recommended by the commander. They found nothing in his record to indicate an error or injustice was made that...

  • AF | BCMR | CY2005 | BC-2004-02631

    Original file (BC-2004-02631.doc) Auto-classification: Approved

    Although the UMD applicant provided reflects that a staff sergeant position existed, it does not justify placing a master sergeant 7-level against that position. In support of his request, he submits Enlisted Performance Reports (EPRs) reflecting his DAFSC as 8J000, statements from the squadron commander and command chief master sergeant, Unit Manning Documents (UMDs), and a WAPS promotion testing notification for cycle 02E8 listing his AFSC as 8J000. ...