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AF | BCMR | CY2010 | BC 2010 02649
Original file (BC 2010 02649.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02649 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His promotion to the grade of technical sergeant be reinstated. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

Since the Evaluation Reports Appeals Board (ERAB) removed his 
referral report (TSgt) his grade of technical sergeant should be 
reinstated. He has exhausted all unit level resources to no 
avail. He filed an Article 138 Command complaint and requested 
supplemental promotion consideration through his chain of 
command; however, his request for promotion was denied. 

 

In support of his appeal, the applicant provides a copy of his 
Article 138 complaint; a copy of his ERAB appeal, and other 
supporting documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant received an Article 15 for causing unlawful bodily 
harm to a fellow member and for being drunk and disorderly. His 
punishment consisted of a suspended reduction in grade to senior 
airman, suspended through 31 Jan 09; forfeiture of $150.00 pay 
per month for two months, and 10 days of extra duty. 

 

The applicant received a referral report for the period 9 May 08 
through 8 May 09. On 30 Mar 10, the applicant petitioned the 
ERAB to have the referral report removed and, on 27 Apr 10 the 
ERAB granted his appeal. 

 

The applicant was considered and selected for promotion to the 
grade of TSgt during cycle 10E6 with a pin-on date of 1 Aug 10. 

 

The applicant’s EPR profile of the last ten reports follows: 


 

 PERIOD ENDING OVERALL RATING 

 

 15 Aug 00 5 

 15 Aug 01 5 

 15 Aug 02 5 

 15 Aug 03 5 

 15 Aug 04 5 

 15 Aug 05 5 

 15 Aug 06 5 

 15 Aug 07 5 

 08 May 08 5 

 01 Dec 09 5 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSOE recommends denial, stating, in part that while the 
referral report was removed, the applicant was not eligible for 
promotion testing/consideration based on the Article 15 
suspended reduction. 

 

The applicant was considered and tentatively selected for 
promotion to the grade of TSgt during cycle 09E6. He received 
Promotion Sequence Number (PSN) 1421.0, which would have 
incremented on 1 Oct 09; however, his line number was removed in 
accordance with (IAW) the governing Air Force instruction. Upon 
further review, they noted the applicant was ineligible for 
promotion consideration to TSgt for cycle 09E6 and should have 
not been allowed to test. This was because the promotion 
eligibility status (PES) code for the Article 15 was never 
updated in the system and he was erroneously considered for 
promotion to TSgt during cycle 09E6. 

 

The complete AFPC/DPSOE evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant notes that IAW the governing instruction, airmen 
are ineligible for promotion, if on or after the promotion 
eligibility cutoff date they are undergoing a suspended 
reduction under Article 15, Uniform Code of Military Justice 
(UCMJ). His Article 15 suspended reduction was removed after 
the promotion cutoff date (PECD), but prior to the original PAS 
(sic) code. Subsequently, the Military Personnel Flight (MPF) 
validated his testing eligibility and allowed him to test. 

 

He was led to believe that he was able to progress in his career 
with no further repercussions from the Article 15. He was 
allowed to test, received a line number, had a promotion 
ceremony and allowed to sew on his rank, on 1 Oct 09, and wore 


the stripes for over two months. He was advised that he had to 
remove his stripes and was only told it was because of the 
referral EPR and a paperwork/system update error. 

 

The applicant’s 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 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 primary basis for our conclusion that the 
applicant has not been the victim of an error or injustice. We 
took note of the applicant’s contention that he was led to 
believe that only the referral EPR rendered him ineligible for 
promotion. However, the evidence of record clearly shows that 
he received punishment under Article 15, UCMJ which rendered him 
ineligible for promotion. While regrettable that the error was 
made allowing him to test and to assume the grade of technical 
sergeant, he has not presented sufficient evidence to persuade 
us that his promotion should be reinstated. His temporary 
promotion to technical sergeant was erroneous and we do not 
believe it would be in the interest of justice to allow him to 
retain a promotion he has not properly earned. Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-02649 in Executive Session on 28 April 2011, 
under the provisions of AFI 36-2603: 

 


The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOE, dated 25 Aug 10. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Oct 10. 

 Exhibit E. Letter, Applicant, dated 26 Oct 10, w/atchs. 

 
 

 Panel Chair 

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