RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02311
            INDEX CODE:  131.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her effective date of promotion to Staff Sergeant  (SSgt)  (23  Jul  04)  be
corrected to reflect her date of rank (DOR)  (1  Nov  01)  with  retroactive
promotion pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to her selection for promotion, she was selected for  a  Special  Duty
Assignment with a report no later than date (RNLTD) of 31 Oct 01.   She  was
informed by her first sergeant  that  she  would  attend  Airman  Leadership
School (ALS) after she arrived to her  next  assignment.   In  Jan  01,  her
supervisors attempted to send her to ALS; however,  she  was  in  her  third
trimester of pregnancy and the schools would not accept her.

In Oct 01, she was reassigned and  given  eight  days  Permissive  Temporary
Duty (PTDY) for house hunting.  On her first day back from  leave,  she  was
asked if she could attend ALS the following  week;  however,  her  household
goods were being delivered on that date.  In  addition,  she  was  a  single
parent and could not make child care arrangements in time to attend class.

In Nov 01, she was assigned duties outside her career  field.   Between  Dec
01 and Jan 02, she attempted to weigh-in prior to attending ALS.  She was  2
percent over her maximum body fat percentage; however, a WMP folder was  not
established.  In Mar 02, ALS students were no longer  required  to  weigh-in
prior to attending class.  Between Apr-Jul 02, there was no mention  of  her
attending ALS.

In Dec 02, she received a permanent change of station (PCS) assignment.   In
Mar 03, her current supervisor checked on  ALS  class  dates.   In  Aug  03,
there was still no mention of her attending ALS and  two  years  had  passed
since her promotion selection.  Although  she  was  told  she  was  next  to
attend, two FY 04 promotion selectees were selected for ALS instead.

She finally attended ALS in Jun 04.  She graduated on 23 Jul 04  and  pinned
on SSgt that same day.  She was instructed on how  to  change  DOR  and  pay
date in the military pay system (MilPDS).  She was able to  change  her  DOR
but not her pay date.   She  had  full  support  and  a  recommendation  for
approval for receipt of back pay from her commander;  however,  her  request
was denied without explanation.

She struggled as a single parent of two small  children  living  in  a  high
cost area due to lost pay and  missed  several  promotion  opportunities  to
TSgt from Nov 01 through Jul  04.   She  has  the  support  of  her  current
leadership because of her willingness to  serve  with  the  right  attitude.
She is proud to serve in the Air Force and will continue to do so.

In  support  of  the  application,  the  applicant  submits  copies  of   an
electronic  mail  transmission,  a  retroactive  promotion  case  management
system information form, a support memorandum from her commander  with  time
line of events, ALS memorandums,  AF  IMT  Form  2096,  On-the-Job  Training
Action Form, and AF Form 1411, Extension or Cancellation  of  Extensions  of
Enlistment in the Regular Air Force/Air Force Reserve.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System indicates  the
applicant is currently  serving  on  active  duty  in  the  grade  of  staff
sergeant effective and with a DOR of 1 Nov 01.

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

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends denial.  DPSOE  states  an  individual's  promotion
can/will be placed on hold either automatically  or  by  the  commander  for
reasons listed in AFI 36-2502, Table 1.2.  When the condition for which  the
promotion was placed on hold no longer exists, the hold is released with  an
effective date  equal  to  the  date  the  commander  recommends  promotion.
Individuals  can  then  request  an  effective  date  retroactive  to  their
original DOR.  These requests are considered and decided upon by the  Chief,
Enlisted Promotions at AFPC on a case-by-case basis depending on the  reason
for the hold.  The majority of promotion  holds  are  for  noncompletion  of
required Professional Military  Education  (PME)  prior  to  their  DOR  for
reasons not within their control and  are  usually  approved  a  retroactive
effective date.  However, those individuals who did  not  complete  PME  for
reasons within their control are not approved a retroactive effective date.

DPSOE states the applicant had an opportunity to attend ALS  just  prior  to
her projected pin on date but chose not  to  attend  due  to  her  household
goods being scheduled for delivery on the class start  date.   DPSOE  opines
based  on  the  new  fitness  standards,  the  applicant  could  have   been
recommended for promotion (had she completed ALS as of 30 Jan 04);  however,
she would not have been eligible for a retroactive effective date.

The complete DPSOE evaluation is at Exhibit B.


HQ AFPC/DPSI recommends denial of the portion  of  the  applicant's  request
pertaining to the Weight and Body  Fat  Management  Program  (WBFMP).   DPSI
states  the  WBFMP  instruction  states  that  commanders  will  ensure  the
administration of the program for all assigned personnel.  In  Mar  03,  the
applicant was placed on a medical deferment.  In  Oct  03,  she  was  placed
back into the 3-month observation  period.   In  Jan  04,  the  new  Fitness
Improvement Program was released and the applicant tested and failed.

The complete DPSI evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  18
Jan 08 for review and comment within 30 days.  As of this date, this  office
has received no response (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  complete  review  of  the
evidence in this case, we believe that  the  applicant  was  the  victim  of
several events that affected her  ability  to  attend  LAS  and  that  these
events were sufficiently outside of her control  as  to  merit  relief.   We
noted her pregnancy, single-motherhood, and delivery of household  goods  as
a few of the obstacles  to  her  attending  ALS  at  various  times.   Other
challenges  to  her  attendance  included  several  inopportune  changes  of
assignment both permanent and temporary.  We further  note  the  applicant's
current commander supports her  request.   He  indicates  that  because  the
applicant was stationed at a geographically separated unit and  not  an  Air
force  installation,  that  she  may  have  received  less   than   priority
consideration for her  promotion  status  and  that  she  should  have  been
authorized to attend ALS at an earlier date.  As a result  we  believe  that
reasonable doubt has been established as to the handling of the  applicant's
case.  Accordingly, we believe that any doubt  should  be  resolved  in  the
applicant’s favor.  Therefore, in the interest of justice 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 she was  promoted  to  the  grade  of
staff sergeant with a promotion effective date of 1 November 2001

________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2007-02311  in
Executive Session on 19 Mar 08, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Steven A. Cantrell, Member
      Ms. Barbara J. Barger, Member

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


    Exhibit A.  DD Form 149, dated 15 Jul 07, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPSOE, dated 24 Aug 07.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jan 08.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair




BC-2007-02311




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 she was promoted to the
grade of staff sergeant with a promotion effective date of 1 November 2001.







     JOE G. LINEBERGER

     Director

Air Force Review Boards Agency