RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03923
INDEX CODE: 131.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of senior master sergeant (SMSgt) and then
chief master sergeant (CMSgt), both backdated appropriately.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 15 December 1997, he was denied promotion to SMSgt due to an
injustice by his commander and the HQ Air National Guard ANG). His
application will show he was removed from a SMSgt position with the
ANG through a series of events to include an Enlisted Performance
Report (EPR) ordered expunged by the AFBCMR in 2001. For over 4 years
he could not be promoted to the grade of SMSgt by any military service
with a ‘2’ EPR in his records along with a denial of reenlistment. He
states the Inspector General (IG) supports him in his effort and
insists he apply to the AFBCMR for the appropriate relief. This
injustice not only stopped him from being promoted above the grade of
MSgt, it also destroyed his ability to become a commissioned officer.
In support of his appeal, the applicant has provided copies extracted
from his previous AFBCMR package, correspondence between applicant and
his Congressional representative, and documentation extracted from his
personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant began his military service on 15 March 1982. He has been
progressively promoted to the grade of master sergeant (MSgt) with a
date of rank (DOR) of 15 December 1995. He entered Extended Active
Duty with the ANG HQ Statutory Tour program on 19 December 1994. He
was extended and/or reenlisted five times over the ensuing 10 years.
He is currently serving with the ANG and has over 24 years of
satisfactory service for pay and almost 19 years of active military
service towards a retirement for length of service. His date of
separation (DOS) is currently 30 June 2008.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1P0F recommends denial. A1P0F’s research revealed the applicant
was afforded the opportunity to apply for seven military vacancy
announcements showing that at no time was he disqualified for
application for ANG statutory tour positions based on incorrect
reenlistment code/promotion eligibility code reflected in the military
personnel data system (MilPDS). A1P0F notes the applicant’s earlier
request to have a ‘2’ EPR removed from his record and states this
action was accomplished. Further, EPR’s are not a requirement for
promotion. If he was selected for a SMSgt position and submitted for
subsequent promotion, his EPR would not have been considered and
therefore would not have exempted him from promotion.
A1P0F’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3
July 2007 for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that his uncorroborated assertion he was denied promotion by the
unjust action of a superior officer, in and of itself, is sufficient
to override the rationale provided by the Air National Guard.
Therefore, we agree with the opinion and recommendation of the Air
National Guard office of primary responsibility and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden of proof of having suffered either an
error or injustice. Therefore, in the absence of persuasive evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved. Therefore,
the request for a hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2006-03923 in Executive Session on 20 September 2007, under the
provisions of AFI 36-2603:
Mr. Christopher D. Carey, Panel Chair
Mr. Gregory A. Parker, Member
Mr. James L. Sommer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 December 2006, w/atchs.
Exhibit B. Letter, NGB/A1P0F, dated 20 June 2007, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 3 July 2007.
CHRISTOPHER D. CAREY
Panel Chair
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