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AF | BCMR | CY2009 | BC-2008-02531
Original file (BC-2008-02531.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02531
            INDEX CODE:  111.01
      XXXXXXX    COUNSEL:  NO
            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  She be promoted to the rank of master sergeant (MSgt) effective  1
April 2006, with back pay and allowances.

2.  She be retired  in  the  grade  of  MSgt,  rather  than  technical
sergeant (TSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was unable to attend Professional  Military  Education  (PME)  for
reasons beyond her control.  Her request  for  a  waiver  of  the  PME
requirement  was  not  sent  to  the  major   command   (MAJCOM)   for
approval/disapproval.

In support of her request,  applicant  provided  personal  statements,
letters of recommendation, email communiqués, AF Forms  910,  Enlisted
Performance Report (AB –  Thru  TSGT);  and  various  other  documents
extracted from her medical and personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MILPDS)
indicates that the applicant enlisted in the Air Force on  2  February
1987.

The applicant was tentatively selected for promotion  to  MSgt  during
cycle 05E7.  She received  promotion  sequence  number  4547.0,  which
incremented  on  1  April  2006.   Since  she  had  not  attended  the
Noncommissioned Officer Academy (NCOA) prior to her pin-on  date,  her
promotion was placed  in  a  withhold  status.   AFI  36-2502,  Airman
Promotion Program, states  airmen  selected  for  promotion  to  staff
sergeant (SSgt), MSgt, or chief master sergeant (CMSgt) must  complete
in-residence  PME  before   assuming   these   grades.    The   MILPDS
automatically withholds promotion for those who do  not  complete  the
appropriate PME prior to the promotion effective date.  She was unable
to attend the NCOA due to  a  medical  profile  that  limited  her  to
working six hours a day.  When  her  application  for  retirement  was
approved, her promotion to MSgt was cancelled in accordance  with  AFI
36–2502.

On 31 July 2007, the applicant retired in  the  grade  of  TSgt  after
serving 20 years and 6 months on active duty,

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial.  DPSOE states wing commanders (WG/CC) or
equivalents are granted authority to waive PME for promotion to  SSgt,
MSgt and CMSgt for personnel who cannot  complete  training  prior  to
their pin on date.  The WG/CC is also the  disapproval  authority  for
PME waivers.  Enlisted  personnel  designated  for  Airman  Leadership
School (ALS) attendance may be delayed for medical,  mission  related,
or personal hardship conditions without prejudice upon approval of the
individual’s commander.   WG/CC’s  approve  similar  delays  for  NCOA
attendance and MAJCOM commanders approve Air Force Senior NCO  Academy
(AFSNCOA)  delays.   In  all  cases  in-resident  attendance   remains
mandatory  for  enlisted  personnel  as  outlined  in   AFI   36-2301,
Professional Military Education.  In regards to the  PME  waiver,  the
applicant is under the misconception that her MAJCOM  commander  could
have waived her PME attendance altogether.  This is  simply  not  true
nor would it be fair or  equitable  to  her  peers  who  have  had  to
complete mandatory training prior to their promotion.

The complete DPSOE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating her health  began  to  deteriorate  in
October 2005.  She was placed on  a  profile  and  did  not  make  any
progress after a year.  She decided to retire believing it was in  the
best interest of the Air Force.  The advisory implies she should  have
stayed on active duty and waited out her health issues.  She  did  not
believe that constituted service before self and  finds  the  advisory
recommendations ludicrous and unbelievable.  As stated in her previous
letter and documented in  the  attached  report,  she  underwent  back
surgery twice.  When she left active  duty  her  health  continued  to
deteriorate.  She was in pain and unable to  walk  for  several  days.
She took oral steroids and shots in her back that did not help.   From
March to May 2008, she was unable to leave  home,  stand  or  sit  for
prolonged periods.  She was limited to laying down much of  the  time.
If she was on active duty she would have missed many days of work  and
been placed on convalescent leave after surgery.  Her  medical  issues
would have affected the mission and she  still  would  not  have  been
eligible for the NCOA and promotion to MSgt.  She provided a  list  of
her accomplishments and states she is being punished because the right
questions were not asked and her injuries were not sustained during  a
deployment.   She  wanted  to  attend  the  NCOA   to   be   promoted;
unfortunately, she did not see a way to  continue  and  did  the  best
thing for herself and the Air Force.

Her complete response, with attachments, is at Exhibit 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 an error or injustice.  The applicant  requests  that
she be promoted to and retired in the grade of MSgt,  contending  that
her request for a waiver of the requirement to  attend  PME  prior  to
assuming the grade was not properly processed.  We thoroughly reviewed
the evidence of record along with the applicant’s complete  submission
in judging the merits of this  case.   However,  other  than  her  own
uncorroborated assertions, we find no evidence which would lead us  to
believe that her request for a waiver of the PME requirements was  not
given appropriate consideration.  Furthermore, had the request  for  a
waiver been approved, which would have been no more than  a  deferment
requiring completion of PME within 179 days of pin-on, she would  also
have had to serve a two-year active duty service commitment  in  order
to retire in that grade.  However, in spite of the Physical Evaluation
Board's determination that her medical condition did not  prevent  her
from reasonably performing her  duties,  she  voluntarily  elected  to
retire.  Accordingly, it is our opinion that the applicant has  failed
to sustain her burden of proof of the existence of an  error  in  this
case, and we are not persuaded by her contentions that  she  has  been
the victim of an injustice.  Therefore, absent persuasive 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 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 the application.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2008-02531  in  Executive  Session  on  23  October  2008  under   the
provisions of AFI 36-2603:

                 Mr.  Thomas S. Markiewicz, Chair
                 Mr.  Elwood C. Lewis III, Member
                 Mr.  Kurt R. LaFrance, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2008-02531 was considered:

  Exhibit A.  DD Form 149, dated 23 June 2008, w/atchs.
  Exhibit B.  Available Master Military Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOE, dated 22 August 2008.
  Exhibit D.  Letter, SAF/MRBR, dated 5 September 2008.
  Exhibit E.  Letter, Applicant, 18 September 2008, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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