RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00141

      XXXXXX     COUNSEL:  NONE

      XXXXXX     HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was promoted to the Reserve grade  of
chief master sergeant effective 1 Nov 01, with back pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The 445 CLSS Squadron Commander violated  the  squadron’s  promotion  policy
that has been in existence since 4 Mar 95, and  he  subsequently  reiterated
the  promotion  policy  of  prior  commanders  with  his  Promotion   Policy
Memorandum dated 20 Oct 02.   He  also  violated  AFI  36-2502,  Chapter  2,
Paragraph 2.4 by not convening a promotion board/panel to  select  the  best
candidate for promotion within  the  senior  noncommissioned  officer  (NCO)
ranks.  Both violations were the result of not convening a  promotion  board
and panel interviews.

In support of his appeal, the  applicant  provides  an  expanded  statement,
copies of the  445  CLSS/MA  promotion  board  guidelines  and  policy,  his
Enlisted Performance Reports,  supportive  statement,  and  other  documents
associated with the matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data  System  (PDS)  indicates  the
applicant is currently serving in the Air Force  Reserve  in  the  grade  of
senior master sergeant, with a date of rank of 1 Mar 99.

The remaining relevant facts pertaining to this  application  are  contained
in the letters prepared by the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPM recommends  denial  indicating  that  Air  Force  Reserve  enlisted
personnel are promoted in accordance  with  AFI  36-2502,  Airman  Promotion
Program, Chapter 4, based on unit vacancy.  Enlisted personnel must be in  a
higher graded position, meet eligibility criteria outlined in  AFI  36-2502,
Table 4.2, be recommended by the supervisor and approved  by  the  commander
(promotion authority).  It is solely the duty of  the  commander  to  render
the  decision  to  promote  an  individual  based   on   personnel   meeting
eligibility requirements as of the last  day  of  the  month  prior  to  the
promotion month.  AFI 36-2502, Chapter 2, Paragraph 2.4., applies to  active
duty enlisted personnel only.  Active duty enlisted  personnel  compete  and
are  selected  for  promotion  by  a  two  phase  process  (Weighted  Airman
Promotion System (WAPS) factors and central evaluation  board).   Air  Force
Reserve enlisted personnel are selected for promotion based on unit  vacancy
and meeting their eligibility criteria  as  indicated  above.   The  use  of
local boards  to  select  airmen  for  promotion  is  prohibited.   However,
commanders  may  solicit  information  from  supervisors  or  raters  either
verbally or in writing regarding an individual's duty performance to  assist
them in the promotion process.

A complete copy of the AFRC/DPM evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished  a  detailed  response
indicating, in summary, he feels he has been discriminated  against  due  to
the 445 CLSS Commander’s violation his own  promotion  policy  by  promoting
another individual to chief master sergeant without utilizing  the  Squadron
Management Selection Process Committee (MSPC).  To correct  the  unfair  and
inappropriate actions, he strongly encourages  the  Board  to  rule  in  his
favor by promoting him to chief master sergeant  effective  1  Nov  01.   He
asks the Board to please look  at  all  of  his  documentation  in-depth  to
garner the effort involved by  MSPC,  the  categories  rated,  and  how  the
promotion candidates are ranked which makes promotions much fairer and  less
subject to favoritism.  For his benefit, he consulted his  attorney  and  he
advised that my rights were definitely violated and that  he  should  pursue
his request for promotion to chief master sergeant.



Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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.  In this respect, we note  that  Air  Force
Reserve enlisted personnel are promoted based on unit vacancy; whereby,  the
member must be in a higher graded position, meet eligibility  criteria,  and
be recommended by the supervisor and approved by  the  commander  (promotion
authority).  Whereas, active duty enlisted personnel compete  for  promotion
by a two phase process (Weighted Airman Promotion System (WAPS) factors  and
central evaluation board).  It is  solely  the  duty  of  the  commander  to
render the decision to promote a Reserve member based on  personnel  meeting
eligibility requirements as of the last  day  of  the  month  prior  to  the
promotion month.  Absent a showing the commander  abused  his  discretionary
authority we are not convinced  the  applicant  has  been  denied  fair  and
equitable  consideration  for  promotion.   Therefore,  we  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.  In view  of
the above, and 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-2006-00141
in Executive Session on 9 May 2006, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jan 06, w/atchs.
    Exhibit B.  Letter, AFRC/DPM 13 Mar 06, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Mar 06.
    Exhibit D.  Letter, Applicant, dated 24 Mar 06.




                                   JAMES W. RUSSELL, III
                                   Panel Chair