RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04054
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His record be corrected to show immediate restoration of his 
promotion sequence number to chief master sergeant (CMSGT).

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APPLICANT CONTENDS THAT:

He was selected for promotion to the grade of CMSGT on 
14 November 2007 but was informed on 8 December that, due to an 
error, his promotion sequence number had been revoked.  

He was assigned to the Senior NCO Academy (SNCOA) as an 
instructor (special duty) with an Air Force Specialty Code of 
8T000, Professional Military Education Instructor.  He was 
preparing for a permanent change of station (PCS) move as his 
special duty tour with the SNCOA was expiring.  As such, he 
would eventually return to his original AFSC of 2T071, Traffic 
Management.  It was his intention to compete for promotion to 
the grade of CMSGT while still holding the 8T000 AFSC.  On or 
about (O/A) 2 July 2007 and upon inquiring how he could test for 
CMSGT while still holding the 8T000 AFSC, he was told as long as 
he did not sign into his new duty station prior to his promotion 
eligibility cutoff date (PECD) that he would test as an 8T000.  
Further conversations with additional personnel in the Combat 
Support Squadron (CSS) and the Maxwell AFB Career Enhancements 
Promotion and Testing office yielded the same response to his 
question leading him to believe that if he tested prior to his 
PECD that he could test as an 8T000 rather than 2T071.  On 
16 September 2007, he tested for CMSGT while assigned to Qatar.  
On 14 November 2007, he was selected for promotion to CMSGT in 
the 8T000 career field.  On 7 December 2007, he was notified by 
the Enlisted Promotions office of the Air Force Personnel Center 
(AFPC) that he had tested for CMSGT under the wrong AFSC.  Also 
on 7 December 2007, he called the Al Udeid Personnel Support for 
Contingency Operations (PERSCO) office posing the same question 
he had asked while still at the SNCOA and given the same answer, 
“As long as you don’t sign in prior to the PECD, you will test 
in your previous (8T000) career field.”  On 8 December 2007, he 
contacted the Chief Master Sergeant of the Air Force’s (CMSAF’s) 
office and informed them of his predicament.  The CMSAF made 
inquiry’s and responded to him via email on 10 December 2007 by 
forwarding the following response the CMSAF had received: “He 
incorrectly competed as 8T000…he departed Maxwell on 23 
Jul…prior to the PECD…which means he should’ve met the 2T 
(2T071) panel.  We identified after the fact…unfortunately the 
issue of AFSC effective date was impossible to catch.  I have 
contacted his CCM (Command Chief Master Sergeant) to discuss the 
issue.  Bottomline, he was incorrectly considered…we are going 
to correct.  He will become a nonselect and then meet the Jul 07 
SNCO (Senior non-Commissioned Officer) supplemental board as a 
2T.  We will accomplish a cut-off change and promote the #1 
select 8T000.”  He states that looking back, he is convinced 
that he did everything he could to ensure he tested within the 
8T000 career field.  He sought guidance from the identified 
experts, along with Air Force Instruction (AFI) 36-2441, and 
made decisions based on the information he was provided.  He had 
no reason to doubt the information he received because it was in 
line with his intention to test as an 8T000.  He based his 
decision to leave the SNCOA before the 31 July PECD on the 
information he received and that decision, based on admitted and 
faulty advice and interpretation of policy, has cost him that 
which he has worked the past 21 years to obtain: promotion to 
CMSgt.

In support of his appeal, the applicant has provided a personal 
statement, a copy of his Enlisted Data Verification Record 
(EDVR), and copies of pertinent emails.

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

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STATEMENT OF FACTS:

Applicant entered the Regular Air Force in September 1986.  He 
has been progressively promoted to the grade of senior master 
sergeant (SMSgt) with an effective and date of rank (DOR) of 
1 March 2004.  On 7 September 2007, he tested for promotion to 
the grade of CMSGT, promotion cycle 07E9, under his Control AFSC 
(CAFSC) at the time of 8T000.  He was tentatively selected for 
promotion to CMSGT and was given a promotion sequence number 
(PSN) of 194 pending verification of his CAFSC.  Promotions 
under cycle 07E9 would increment between 1 January and 1 
December 2008.  During the verification process, it was 
discovered that his CAFSC had been changed to 2T0X1 effective 
23 July 2007, approximately six weeks prior to his test date.  
His tentative promotion was deemed erroneous as a result and his 
PSN was removed.  Supplemental promotion consideration is 
afforded to members whose records were in error during the 
Central Selection Board process and he will be considered 
supplementally in the correct AFSC of 2T0X1 during the July 2008 
Supplemental Board. 

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AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial.  DPSOE notes that members compete 
for promotion in the CAFSC they hold at the PECD.  The PECD for 
the 07E9 cycle was 31 July 2007.  DPSOE cites AFI 36-2101 
wherein is stated that if an individual PCS’d to another base, 
the effective date of the CAFSC is the date s/he departed their 
last duty station.  DPSOA notes the applicant officially 
departed his duty station in Montgomery, AL on 23 July 2007.  
DPSOA also cites AFI 36-2502 wherein is stated that promotion 
selections are “tentative” until data verification is complete.  
Other than supplemental board consideration, DPSOA notes there 
are no provisions for a member who has been erroneously selected 
to retain a promotion based solely on notification of such.  
Further, since promotions are based on limited quotas, allowing 
retention of an erroneous promotion precludes promotion of 
another who has legitimately earned it.  DPSOA notes he will be 
considered by the July 2008 supplemental promotion board under 
the correct AFSC of 2T0X1.

DPSOA’s complete evaluation, with attachments, is at Exhibit B.

HQ AFPC/JA opines that a series of events that placed the 
applicant in a position to be ineligible for promotion 
constituted an injustice for which relief may be warranted.  JA 
states that guidance to the applicant from the losing base 
(Maxwell AFB) and the actions of the gaining base (Al Udeid, 
Qatar), were clearly wrong.  The evidence documents that the 
losing unit personnelist assured the applicant he could depart 
on 23 July 2007 without compromising his promotion eligibility 
under the 8T000 AFSC.  Therefore, outprocessing eight days 
before the PECD was of no apparent benefit to the applicant.  JA 
notes there was a second opportunity to correct the incorrect 
guidance given to the applicant when he sought to test upon 
reporting to his new assignment.  Instead, however, his 
servicing (gaining) Military Personnel Flight (MPF) verified he 
could test as an 8T000 and the applicant subsequently tested 
under such.  JA opines that the applicant took reasonable 
measures to address a concern that he identified before making 
his decision on when to outprocess.  Further, the compilation of 
error and the actions by the personnel advisors that validated 
the error at his gaining base were not harmless, but rather, 
placed the applicant in a position to be ineligible for 
promotion on his selection.  

The remaining pertinent legal information, with attachments, is 
contained in the evaluation prepared by AFPC/JA at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends that if he used the AFPC/DPSOE advisory’s 
justification for the removal of his PSN and had received the 
correct guidance from any one of the numerous sources he 
queried, he would simply have signed out of his losing unit on 1 
August 2007, the date he actually left the area, eliminating 
this situation altogether.  He contends that to date (7 February 
2008) his military personnel records have still not been changed 
to show his CAFSC as 2T0X1.  He is convinced that he took all of 
the necessary steps he could have to keep this situation from 
happening and should not be further punished by the withholding 
of his promotion to CMSGT.  He states that going through this 
process, especially while on a remote tour, has been extremely 
difficult mentally, physically and emotionally.

Applicant’s complete response is at Exhibit E.

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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.  It is apparent 
to us that the Air Force and its agents not only misinterpreted 
their own testing and promotion policy but also misapplied it in 
this case.  The AFBCMR has always applied a strict standard of 
self-responsibility to Air Force members applying for relief in 
instances of career impacting events.  In this instance, we are 
convinced the applicant made every conceivable effort to address 
a concern he had regarding his promotion testing and was 
subsequently misled at every juncture by those personnel who 
should have known the correct answers to his queries regarding 
testing and promotion policy.  As a matter of interest, we note 
that his CAFSC, the data element used to determine which test he 
would take for promotion, remains 8T000 as indicated in the 
Military Personnel Data System.  Consequently, we agree with the 
opinion and recommendation of AFPC/JA and adopt its rationale as 
the basis for our conclusion that the applicant has been the 
victim of an injustice.  Therefore, we recommend that the 
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 
selected for promotion to the grade of Chief Master Sergeant 
during promotion cycle 07E9 in the Control Air Force Specialty 
Code of 8T000, and, as a result of his selection, was issued a 
Promotion Sequence Number of 194.

______________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2007-04054 in Executive Session on 20 March 2008, 
under the provisions of AFI 36-2603:

XXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXX, Member

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

    Exhibit A. DD Form 149, dated 14 December 2007, w/atchs.
    Exhibit B. Letter, AFPC/DPSOE, dated 21 December 2007,
               w/atchs.
    Exhibit C. Letter, AFPC/JA, dated 4 February 2008, w/atchs.
    Exhibit D. Letter, Applicant, dated 7 February 2008.
    Exhibit E. Letter, SAF/MRBR, dated 8 February 2008.



                                   XXXXXXXXXXXXXXXXX
                                   Panel Chair





 DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC 


 
Office Of The Assistant Secretary



AFBCMR BC-2007-04054




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 selected for promotion to the grade of Chief 
Master Sergeant during promotion cycle 07E9 in the Control Air Force Specialty Code of 8T000, 
and, as a result of his selection, was issued a Promotion Sequence Number of 194.




                                                                            XXXXXXXXXX
                                                                            Director
                                                                            Air Force Review Boards Agency