RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01941
INDEX CODE: 131.00, 133.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 DEC 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His promotion to the rank of Technical Sergeant during the 2004 E-6
promotion cycle be reinstated.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant feels that the AFIs which negated his promotion
eligibility did not justly apply to his particular situation. He
offers four points to support his position. First, he feels Air
Traffic Control (ATC) is a uniquely situated career field and
should be judged differently. Second, his lack of a 7-skill level
is circumstantial due to his retraining status at the time he was
made promotion eligible. Third, the full consequences of the
withdrawal process, specifically his lost of promotion eligibility,
was unknown to his supervisor/commander, and most importantly, even
he feels his duty performance was exemplary and warranted
promotion.
In support of his appeal, applicant submitted a personal statement,
letters of character reference and support, and extracts from his
military personnel record.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 15 Oct 97 for a
period of four years. He was progressively promoted to the rank of
staff sergeant with a date of rank of 1 Apr 02. He is currently
serving as an F-15 Avionics Systems Craftsman.
Applicant was considered and tentatively selected for promotion to
TSgt during cycle 04E6. He received promotion sequence number
(PSN) 8894 which would have incremented 1 Jul 05; however, on
28 Feb 05, the unit commander recommended the applicant be
withdrawn from ATC duties for failure to obtain his SEI rating.
A training status code (TSC) T was updated effective 22 Mar 05
which resulted in a promotion eligibility status (PES) code 1
(insufficient skill level), and line number removal. Effective
25 Apr 05, his AFSC lC131 (Air Traffic Controller) was withdrawn
(not for cause) and he was returned to his previous AFSC (2A351A).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPWB reviewed this application and recommended denial.
IAW AFI 36-2502, Table 1.1, Rule 2 1, airmen are ineligible for
promotion if they are not recommended for entry into upgrade
training or are withdrawn from upgrade training for failing to
progress to the next high level. The applicant was withdrawn from
upgrade training for failure to progress, and did not possess the
required skill level. He remained ineligible for promotion
consideration for cycle 05E6 as he still possessed a TSC TJPES 1.
He was considered and selected for promotion to TSgt during cycle
06E6 and received PSN 5016 which has not yet incremented.
HQ AFPC/DPPAT (OPR for education and training) has reviewed the
case and determined all appropriate actions were taken in regard to
placing applicant in TSC T and therefore recommended denial of his
request to remove TSC T.
A complete copy of the evaluation, with attachment, is at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 22 Sep 06 for review and comment within 30 days. As of this
date, no response has been received by this office (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. We took notice of
the applicant's complete submission, including the letters of
recommendation and support submitted in the applicant’s behalf.
However, the majority of the Board noted that in accordance with
the governing Air Force instructions, airmen are ineligible for
promotion if they are withdrawn from upgrade training for failing
to progress to the next higher level. The evidence of record
reflects the applicant’s AFSC was withdrawn for failing to progress
in upgrade training, which resulted in removal of his line number.
The majority of the Board finds that HQ AFPC/DPPPWB has addressed
the issues presented by the applicant and is in agreement with
their opinions and recommendation. Therefore, the majority of the
Board adopts the rationale expressed as the basis for their
conclusion that the applicant has not been the victim of an error
or injustice. In the absence of evidence to the contrary, the
majority of the Board finds no compelling basis to recommend
granting the relief sought in this application.
___________________________________________________________________
RECOMMENDATION OF THE BOARD:
The majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2006-01941 in Executive Session on 15 November 2006, under the
provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Mr. Wallace F. Beard Jr., Member
Mr. Patrick C. Daugherty, Member
By a majority vote, the Board recommended denial of the
application. Mr. Daugherty voted to grant, but he does not wish to
submit a Minority Report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 19 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPD/DPPPWB, dated 22 Aug 06, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 22 Sep 06.
B. J. WHITE-OLSON
Panel Chair
AFBCMR BC-2006-01941
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY
RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. The majority found that
applicant had not provided sufficient evidence of error or injustice
and recommended the case be denied. I concur with that finding and
their conclusion that relief is not warranted. Accordingly, I accept
their recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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