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AF | BCMR | CY2008 | BC-2007-03355
Original file (BC-2007-03355.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03355
                                             INDEX CODE:  131.01, 131.05
      XXXXXXXXX                         COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His date of rank (DOR) to the grade of senior airman (SrA - E-4) be  changed
from 13 June 1992 to December 1991.

He  be  provided  additional  supplemental   promotion   consideration   for
promotion to the grade of staff sergeant (SSgt - E-5).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was recently credited with additional active  duty  time  and  his  Total
Active Federal Military Service Date (TAFMSD) was changed from  8  September
1989 to 11 March 1989, and this TAFMSD change resulted in his  promotion  to
the grade of technical sergeant (TSgt - E-6) on 1 August 2006.

His promotion to the grade  of  SrA  should  also  have  been  changed  from
13 June 1992 to December 1991.  With this change, he would have  tested  for
promotion consideration to the grade of SSgt  in  1992.   The  missing  time
resulted in his missing test cycle 1992E5 and all the  testing  cycles  that
followed had he been selected for promotion to  the  grade  of  SSgt  during
this cycle.

In support of his appeal, he has provided a copy of  a  corrected  Statement
of Service, dated 20 June 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant originally entered the Air  Force  (DIEUS)  as  an  Air  Force
Reserve (AFR) member on 9 January 1985, and served with  the  AFR  until  he
entered the Regular Air Force (RegAF) on 13 February 1990.  Upon entry  into
the RegAF, he was given a  TAFMSD  of  8 September  1989;  however,  he  was
recently awarded additional active duty days  from  his  AFR  service  which
changed his TAFMSD from 8 September 1989 to 11 March 1989.

The applicant was selected for promotion to the grade of SSgt  during  cycle
98E5, and received a  DOR  of  1  September  1998.   After  his  TAFMSD  was
corrected to reflect 11 March 1989, he  was  supplementally  considered  for
promotion to the grade of TSgt for cycle 06E6, and  was  rendered  a  select
with a DOR of 1 August 2006.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial of his request to change his DOR as  a  SrA  to
December 1991 as he did not meet minimum TIS/TIG  requirements.   They  have
taken action to correct his SrA DOR to 11 March 1992, and referred his  case
to DFAS to correct his pay file.  They also recommend denial of his  request
for supplemental consideration for promotion to the grade of  SSgt,  as  the
added points are not sufficient enough  to  render  him  a  select  for  any
previous cycle.

Based on the adjusted/corrected TAFMSD, the applicant’s DOR  to  SrA  should
have been corrected to reflect a DOR of 11 March 1992.   Airmen  serving  in
the grade of airman first class (A1C - E-3) are promoted  to  the  grade  of
SrA once they have 36 months time-in-service (TIS) and  20  months  time-in-
grade (TIG), or 28 months TIG, whichever occurs first.  Since his DOR as  an
A1C was 13 February 1990 and his TAFMSD is now 11 March 1989,  the  earliest
date he could have been promoted to SrA was 11 March 1992 (36 months TIS).

Based on the applicant’s DOR as a SrA of 13 June 1992,  the  first  time  he
was considered for promotion to the grade of SSgt  was  cycle  94A5.   Since
the DOR requirement for cycle 93A5 was 1 February 1992, he  would  not  have
been considered for promotion to the grade of SSgt any earlier  with  a  DOR
of 11 March 1992 due to insufficient TIG.

TIS points are calculated by awarding 1/6 of  a  point  for  each  month  of
TAFMS up to 20 years, and TIG points are calculated by awarding ½ point  for
each month in grade up to 10 years, as of the first day of  the  last  month
of the promotion cycle.  Days equaling 15 or more count  as  ½  point;  less
than 15 days are dropped.  The applicant would not have become a select  for
SSgt on any earlier cycles as he would receive 1  additional  point  towards
TIS and 1.5 additional  points  towards  TIG  for  each  cycle.   He  missed
promotion on all previous cycles by more than 2.5 points.

The AFPC/DPSOE evaluation is at Exhibit C.

________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an undated letter, the applicant reiterated his contention that based  on
Air Force Pamphlet 36-2241, paragraph 15.41.2.SrA, which  states  that  A1Cs
are promoted to SrA with either 36 months TIS and 20 months of  TIG,  or  28
months of TIG, whichever occurs first,  he  is  in  the  28  months  of  TIG
category from his TAFMSD of 11 March 1989.  Since his DOR was incorrect,  he
missed the E592 testing cycle and all cycles proceeding [sic]  had  he  been
afforded the chance to test.

The applicant’s complete response is at attachment E.

________________________________________________________________

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 in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   The  Board
notes that AFPC has taken action to correct his SrA DOR to  11  March  1992,
and referred his case to DFAS to correct his pay  file.   However,  evidence
has been presented that he did not meet the minimum TIS/TIG requirements  to
change his DOR as a SrA to December 1991.  Evidence has also been  presented
that his request for supplemental consideration  should  be  denied  as  the
added points resulting from his TAFMSD change are not sufficient  enough  to
render him a select for any previous SSgt cycle.  Therefore, in the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

________________________________________________________________

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  Docket  Number  BC-2007-03355
in Executive Session on 17 January 2008, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Mr. Anthony P. Reardon, Member
                       Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOE, dated 29 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 07.
    Exhibit E.  Letter, Applicant, undated.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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