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AF | BCMR | CY2009 | BC-2008-01646
Original file (BC-2008-01646.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01646
            INDEX CODE:  131.00
            COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of chief master sergeant (E-9) with  a  date  of
rank of 1 July 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The promotion eligibility rosters were not  forwarded  to  attached/assigned
Commanders  for  review  and   recommendations.    Due   to   administrative
oversights, the process  for  enlisted  Individual  Mobilization  Augmentees
(IMAs) promotions was not followed IAW the Air Force Instruction  (AFI)  36-
2502, Airman Promotion Program.

In accordance with the governing AFI the roster did  not  reflect  a  reason
for non-promotion.  The squadron  section  commander  signed  the  promotion
roster  instead  of  the  assigned  commander;  omitting  the  certification
statement.

In support of the applicants  request,  he  provided  a  personal  statement
dated 22 April 2008; a virtual military personnel facility  (vMPF)  printout
undated, two AF Forms 911, Senior Enlisted Performance Report  (EPR),  dated
30 May 2006 and 9 June 2005; an extract from AFI 36-2502  which  states  the
process for enlisted IMA promotions, an email from his  unit  of  attachment
commander dated 3 November 2006, a letter of recommendation from  the  784th
Combat Sustainment  Group  Commander,  undated;  and  a  ARPC/SCX  (FOIA/PA)
letter dated 7 March 2008, with attachments.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently retired, effective 6  June  2008.   His
total satisfactory service is 28 years,        5 months and 23 days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B  recommends  denial  indicating  that  there   is   no   supporting
documentation from the assigned commander that  the  recommendation  of  the
attached commander would have changed the non-recommendation.  The  assigned
commander has sole responsibility  and  authority  for  enlisted  promotions
under his command.  Although the attached commander  provided  a  letter  of
recommendation, after  the  fact,  he  is  not  the  assigned  commander  or
designee and does not have promotion  authority.   The  applicant  was  non-
recommended  for  promotion  as  reflected  on  the  July   2005   promotion
eligibility roster; with his name being lined through  and  remarks  section
stating he was not recommended at that time.

The complete AFRC/A1B evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states for any members  attached  to  a  different  unit,  the
commander contacts the unit of attachment for promotion  consideration.   If
the  assigned  commander  is  to  contact  the  attached  commander  for   a
recommendation; then this makes  the  attached  commander  the  recommending
commander.  His attached commander, at that  time,  would  have  recommended
him for promotion.

His assigned commander, at that time, concurred by signing his EPR  dated  1
June 2005; which his commander rated  him  ready  for  immediate  promotion.
The assigned commander has retired and cannot be reached for comment.

AFRC does not mention that the AFI clearly states that  promotion  can  only
be  withheld  for  six  months.   The  applicant  submitted  four  different
promotion rosters for duration of eight months;  enlisted  promotions  occur
every other month, two rosters signed and two unsigned.

His complete submission is at 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  are  not
persuaded by his  assertions  that  the  decision  not  to  select  him  for
promotion was erroneous. unjust,  or  inappropriately  made  by  a  designee
without the authority to make  promotion  decisions.   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 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 Docket Number  BC-2008-
01646 in Executive Session on 28 August 2008, under the  provisions  of  AFI
36-2603:

      Mr. Wallace F. Beard, Jr., Panel Chair
      Ms. Dee R. Reardon, Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 April 2008, w/atchs.
    Exhibit B.  Letter, AFRC/A1B, dated 25 June 2008, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 11 July 2008.
    Exhibit D.  Letter, Applicant, dated 23 July 2008




                                   WALLACE F. BEARD, Jr.
                                   Panel Chair

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