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AF | BCMR | CY2008 | BC-2008-01379
Original file (BC-2008-01379.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01379
            INDEX CODE:  131.02
            COUNSEL:  NONE
            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His promotion sequence number be reinstated and he be promoted to the  grade
of master sergeant (E-7) with an effective date of 1 March 2008.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His commander gave him a memorandum that non-recommended him for  promotion.
 He states the memorandum did not  contain  the  requisite  reasons,  dates,
occurrences, and duration of the action  in  accordance  with  AFI  36-2502,
paragraph 3.2.1.  The reason for non-recommendation is unjust in  that  such
a severe action is not warranted for such  a  minor  mistake.   His  command
felt they had to take action because they were  being  pressured  by  higher
levels of command and he was the chosen fall guy.

In support of his request, the applicant provided personal statements  dated
14 March 2008 and 21 March 2008, 12 reference letters,  an  e-mail  dated  9
March 2008, and a pass/fail chart.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
technical sergeant (E-6).

On  25  February  2008,  he  was  notified  of  his  non-recommendation  for
promotion to MSgt IAW AFI  36-2502  (Airman  Promotion  Program),  Paragraph
3.2, Table 1.1, Rule 9.  Under this rule he  is  ineligible  for  promotion,
cannot test, cannot be  considered  if  already  tested,  and  if  currently
projected for promotion, the promotion is cancelled.

On 14 March 2008, he received an  AF  Form  3070A,  Record  of  Non-Judicial
Punishment proceedings (AB thru TSGT), for violating the UCMJ, Article  107.
 He did, on divers occasions, between on or about 1 September  2007  and  on
or about 11 January 2008, with intent to deceive, sign an  official  record,
to wit; Air Force  Recruiting  Services  Headquarters  Form  42,  CCT  &  PJ
Physical Ability & Stamina Test (PAST), which record was false  in  that  he
signed certifying that he had administered the PAST to B---,  which  he  had
not done, and was then known by him to be so false.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial.  DPSOE states that his  commander  was  acting
within his authority when he non-recommended the  applicant  for  promotion.
The  administrative  portion  of  the  non-recommendation  was  accomplished
incorrectly; however, the  incident  which  prompted  the  punishment  still
occurred.

DPSOE’s complete 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  13
June 2008 for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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 an error or injustice warranting corrective  action.   Although
the notification memorandum was not prepared  properly  in  accordance  with
the governing instruction, it is  our  opinion  that  the  errors  contained
therein were administrative in nature, and in  and  of  themselves,  do  not
invalidate the decision of his commander.  The applicant contends  that  the
non-recommendation for promotion was too severe  for  the  offense  in  that
similar offenses were committed throughout  the  Air  Force  which  did  not
result in punishments as severe.   After  our  review  of  the  evidence  of
record and the documentation submitted in support of his appeal, we  do  not
find his  assertions  sufficiently  persuasive  in  this  matter.   In  this
respect, commanders are in the position to make the determination  and  have
the responsibility to ensure that only those that are ready  to  assume  the
increased responsibilities of the next higher grade are  promoted.   We  are
not persuaded by his  argument  that  the  decision  of  his  commander  was
inappropriate, that his commander abused  his  discretionary  authority,  or
that the non-recommendation for promotion was overly harsh.   Therefore,  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.  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 issues 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-2008-
01379 in Executive Session on 29 July 2008, under the provisions of AFI  36-
2603:

      Mr. Joseph D. Yount, Panel Chair
      Mr. Elwood C. Lewis III, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 April 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOE, dated 13 May 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 13 June 2008.




                                   JOSEPH D. YOUNT
                                   Panel Chair

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