RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01409
            INDEX CODE:  131.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  7 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His selection for promotion to the grade of senior master  sergeant  (SMSgt)
be reinstated with all back pay and allowances.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In Jan 07, he had reviewed his records via the  Virtual  Military  Personnel
Flight (VMPF) web-based system and his AFSC was correctly listed  as  8F000.


On 13 Mar 07, he was notified of selection for promotion to  SMSgt.   On  14
Mar 07, he reviewed his Enlisted Promotion  Information  on  the  Air  Force
Portal to verify the  results  of  his  Weighted  Airman  Promotions  (WAPS)
record and discovered that he had  been  promoted  under  his  previous  Air
Force Specialty Code (AFSC) of 2A6X0 (Aircraft Maintenance).   He  was  then
notified that  he  was  considered  ineligible  for  promotion  because  his
records had been sent to compete in his previous AFSC.

The effective date of his primary AFSC (F8000)  was  11  Sep  06  which  was
prior to the promotion eligibility cut off date (PECD) of  30  Sep  06.   He
was informed that his AFSC had been inadvertently changed from  the  correct
and current one (8F000) to the incorrect and former one (2A6X0).

In  support  of  the  application,  the  applicant  submits   his   personal
statement, copies of memorandums  for  record,  copies  of  e-mail  traffic,
copies of personal info from VMPF, and copies of verification briefs.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s total active federal military service date  as  20
Jan 94.  He was progressively promoted  to  the  grade  of  Master  Sergeant
effective and with a date of rank (DOR) of 1 Jul 05.  While serving in  AFSC
2A6X0, he was approved for special duty assignment as a First Sergeant.   He
departed his previous duty  assignment  to  attend  First  Sergeant  Academy
(FSA) on 11 Sep 06.

The PECD for  the  07E8  cycle  was  30  Sep  06.   He  was  considered  and
tentatively selected for promotion to SMSgt  during  cycle  07E8,  in  CAFSC
2A6X0, and received promotion line number 1277.  During  data  verification,
it was discovered his records were scored in the wrong CAFSC.  As a  result,
his promotion was deemed erroneous and his line number was removed.

His effective date of duty as a First Sergeant is 2 Oct 06.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C & D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPWB  recommends  denial.   DPPPWB  states  members  compete  for
promotion in the CAFSC they hold at the PECD.  IAW AFI 36-2101,  Classifying
Military  Personnel  (Officer  and  Enlisted),  Table  3.9,  Note  2,  CAFSC
effective date (for retraining through a formal  school  {including  special
duty}) is the date departed current duty station PCS,  PCA.   The  applicant
departed 11 Sep 06 to attend the First Sergeant Academy (FSA).

DPPPWB states promotion selections are “tentative’ until  data  verification
is complete.  There are no provisions for a person who has been  erroneously
selected to retain  the  promotion  based  solely  on  notification.   Since
promotions are based on limited quotas, allowing retention of  an  erroneous
promotion precludes promotion of another who  has  legitimately  earned  it.
However, supplemental promotion consideration is afforded to  members  whose
records were in error during  the  Central  Selection  Board  process.   The
applicant will therefore be considered supplementally in  the  correct  AFSC
(8F0000) by the July 2007 Supplemental  Board.   This  action  is  fair  and
consistent with how we treat members in similar situations.

The complete DPPPWB evaluation is at Exhibit C.

HQ AFPC/JA defers the decision to the Board.  JA  states  to  obtain  relief
the applicant must show by a preponderance of the evidence that  some  error
or injustice exists warranting corrective action  by  the  Board.   Although
not articulating it as  such,  the  applicant  effectively  argues  that  he
suffered an  injustice  when  his  tentative  selection  for  promotion  was
revoked and he was referred to a supplemental promotion  board.   Injustices
have long been  defined  in  the  BCMR  context  as  treatment  by  military
authorities “that shocks the  sense  of  justice,  but  is  not  technically
illegal.”  While a  legal  error  did  not  occur  in  this  case  when  the
mandatory records review revealed the applicant’s  tentative  selection  for
promotion was in the incorrect career field, we believe one  could  conclude
that removing his line number rises to the level of  an  injustice  meriting
relief.

JA notes that AFI  36-2101,  Classifying  Military  personnel  (Officer  and
Enlisted) presently conflicts with AFI 36-2113, The First Sergeant,  on  the
issue of when First Sergeant CAFSCs are awarded.   Specifically,  the  First
Sergeant instruction states the “CAFSC SDI [special duty  identifier]  8F000
is awarded upon graduation from the FSA.”  HQ AFPC/DPPAC previously  advised
the AFBCMR in cases similar to  the  present  one  that  it  recognizes  the
divergence between these two AFIs with regard to the CAFSC  date  for  First
Sergeants and is in the process of taking steps to  modify  AFI  36-2113  so
that it conforms to AFI 36-2101.

The complete JA evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  his  response  dated  24  Jun  07,  the  applicant  states  supplemental
promotion consideration creates two injustices.  1)  His  records  will  not
be scored by the same promotion board members as the rest of  his  promotion
eligible peers; and 2)  under the supplemental promotion  process,  he  will
never receive a promotion board score.  The process denies him the right  to
have the feedback of knowing what his promotion board score would have  been
and knowing where he stands amongst his promotion eligible peers.

His records were reviewed at least five times  during  the  promotion  board
process, and none of the responsible offices noticed that his  records  were
going before the wrong promotion board.

His promotion was published in the Air Force Times newspaper,  on  the  AFPC
website, and he received numerous congratulations in person and via  e-mail.
 He has had to explain the  error  of  why  his  promotion  was  removed  to
everyone that has congratulated him.  He took all the necessary  actions  to
prevent this from happening and should not be punished.

The applicant’s complete response, with attachments, is at Exhibit F.
_________________________________________________________________
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  an  injustice.   We  note  AFPC/JA’s  explanation  regarding  the
conflicting  guidance  in  Air  Force  Instructions   36-2101,   Classifying
Military Personnel, and 36-2113, The First Sergeant.  We further  note  that
they believe that one could  conclude  from  the  circumstances  leading  to
removal of the applicant’s  line  number  that  he  was  the  victim  of  an
injustice.  We agree and to preclude the possibility  of  an  injustice,  we
believe any doubt should be resolved in favor of the applicant.   Therefore,
we recommend the applicant’s 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 senior master sergeant during promotion  cycle  07E8  and  assigned
promotion sequence number 1277.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 July 2007, under the provisions of AFI 36-2603:

           Mr. Michael J. Novel, Panel Chair
           Ms. Karen A. Holloman, Member
           Mr. Wallace F. Beard Jr., Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in AFBCMR BC-2007-01409:

    Exhibit A.  DD Form 149, dated 29 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 29 May 07.
    Exhibit D.  Letter, HQ AFPC/JA, dated 13 Jun 07.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Jun 07.
    Exhibit F.  Letter, Applicant, dated 24 Jun 07, w/atchs.




      MICHAEL J. NOVEL
      Panel Chair


AFBCMR BC-2007-01409




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 senior master sergeant during promotion cycle
07E8 and assigned promotion sequence number 1277.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agenc