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AF | BCMR | CY2008 | BC-2007-04010
Original file (BC-2007-04010.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-04010
            INDEX CODE:
            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retired rank of Technical Sergeant (TSgt) be changed to Master  Sergeant
(MSgt) and he receive pay and retired pay, retroactively.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He tested out of cycle in 2006 and missed  a  promotion  to  MSgt  by  seven
points.  In Aug 06, the Board directed the removal of  a  referral  Enlisted
Performance Report (EPR).  His remaining reports were overall five  ratings.
 He would have been promoted; however, the  referral  EPR  was  not  removed
from his record until after he retired.

In support of the application, the applicant submits  a  copy  of  a  letter
from the Air Force Board for Correction of Military Records (AFBCMR).

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

_________________________________________________________________

STATEMENT OF FACTS:

On 31 May 06, the applicant was honorably retired in the grade of TSgt.   He
had served 21 years, 5 months and 26 days on active duty.

On 8 Jun 06,  the  Board  approved  the  applicant's  request  for  his  EPR
rendered for the period 24 Aug 04 through 1  Jul  05  be  removed  from  his
records (Exhibit B).

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

_________________________________________________________________
AIR FORCE EVALUATION:

HQ AFPC/DPSOE recommends denial.  DPSOE states the applicant was  considered
and nonselected for promotion to MSgt during cycle 05E7.   His  total  score
was 328.04, his EPR score was 135.00, and the score required  for  selection
in his AFSC was 335.21.

DPSOE states the removal of the 1 Jul 05 EPR did not affect the  applicant's
score for cycle 05E7 as it did not meet  the  promotion  eligibility  cutoff
date (PECD) requirement for that cycle (31 Dec 04), and was therefore  never
considered in the promotion process.

The complete DPSOE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29  Feb
05 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.  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 the conclusion  that
the applicant has not been the victim of an error or injustice.   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  AFBCMR  BC-2007-04010  in
Executive Session on 29 Apr 08 under the provisions of AFI 36-2603:

      Gregory A. Parker, Panel Chair
      Joseph D. Yount, Member
      James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 02 Dec 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOE, dated 14 Feb 08.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Feb 08.




                                   GREGORY A. PARKER
                                   Panel Chair


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