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AF | BCMR | CY2011 | BC-2011-04070
Original file (BC-2011-04070.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04070 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be promoted to the grade of senior airman (SrA, E-4) in 
accordance with AF Form 3008, Supplement to Enlistment Agreement 
- United States Air Force, paragraph b. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He signed an AF Form 3008 on 20 Sep 08 for a four year 
enlistment. Section b of the form reflects he would be promoted 
to SrA after he completed his 3-skill level and 24 months Time 
in Service (TIS). 

 

He left for Basic Military Training (BMT) on 6 Jan 09 with a 
guaranteed Air Force Specialty (AFS) 1C231, Combat Control 
Apprentice. Half-way though BMT, after he met the requirements 
associated with the AFS, he was required to sign an amended AF 
Form 3008 with an enlistment agreement for six years; however, 
the promotion statement was lined out. He spoke to the 
individual in charge of enlistment contracts and was informed 
that the contract he signed would be amended and the Air Force 
would honor the promotion statement from his original contract, 
which read, “I further understand that I am guaranteed promotion 
to SrA (E-4) once I have been awarded the three skill level in 
my AFS and have completed 24 months time in service.” However, 
after meeting all the requirements, he was told he would not be 
promoted to SrA until he met the 28 months TIS requirement. 

 

In support of his request, the applicant provides copies of his 
AF Form 3008, AF Form 3007, Guaranteed Training Enlistment 
Agreement Non-Prior Service – United States Air Force, BMT 
Graduation Certificate, and Combat Control Graduation 
Certificate. 

 

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

 

________________________________________________________________ 

 

 

STATEMENT OF FACTS: 

 


On 20 Sep 08, the applicant signed an AF Form 3008 during final 
processing at the Military Entrance Processing Station (MEPS). 
The applicant and the Air Force representative (MEPS AF Liaison) 
initialed and signed the AF FM 3008 in the appropriate areas, 
including the statement containing accelerated promotion to SrA. 

 

On 6 Jan 09, the applicant entered the Regular Air Force. He 
initialed and signed a revised AF Form 3008, which changed the 
applicant's enlistment from four to six years and eliminated the 
accelerated promotion provision. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force at Exhibits C and D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial. DPSIT states the applicant 
acknowledged understanding and acceptance of the change to the 
promotion statement by initialing and signing the corrected copy 
of AF Form 3008 and therefore, should not receive accelerated 
promotion to SrA. 

 

In October 2006, the Air Force changed the accelerated promotion 
to SrA policy for six year enlistees in the Combat Control and 
Pararescue Air Force Specialty Codes. Under the old policy, 
Airmen were eligible for promotion to SrA after 24 months TIS. 
Under the new policy, airmen are not eligible for promotion to 
SrA until they have 36 months TIS or 28 months time in grade 
(TIG). Although the revision to AFI 36-2502, Airman 
Promotion/Demotion Programs, was not published incorporating 
this policy until after the applicant signed the AF Form 3008, a 
message was sent out from AF/A1 on 20 June 06 that directed the 
policy change. Air Force Recruiting Services (AFRS) also 
published procedural guidance on 5 Oct 07 directing Recruiting 
Services to “Line out” the last sentence in Section 8, which 
reads: I further understand that I am guaranteed promotion to SrA (E-4) once I have been awarded the three skill level in my 
AFS and have completed 24 months time in service. In this case 
it seems the MEPS liaison failed to ensure this was 
accomplished. Currently, the AF FM 3008 is under revision. In 
the interim, the erroneous statement is now automatically lined 
through when the form is printed, which should prevent this from 
happening in the future. In this case, his AF FM 3008 was 
corrected during basic training so he was aware of the change in 
policy/contract prior to entering technical training. 

 

The complete DPSIT evaluation, with attachments, is at Exhibit 
C. 

 


AFPC/JA recommends denial. The new policy was not implemented 
in a cohesive and timely fashion. Implementation has occurred 
over a number of years and revision of the AF Form 3008 is still 
pending. Because of this, JA, DPSOE, and DPSIP have determined 
that when airmen enter the service with a contract for 
accelerated promotion under the old policy, they are required to 
honor that contact and apply the old policy. Therefore, airmen 
with a contract for accelerated promotion to SrA under the old 
policy will be promoted to SrA based on the old policy. 

 

However, in the applicant’s case he initiated a change to his AF 
Form 3008. With the change, the AF Form 3008 no longer includes 
the provision for accelerated promotion under the old policy. 

 

There was an error in the applicant’s case; inclusion of the 
accelerated promotion term in his original AF Form 3008. 
However, it appears this error was corrected by mutual consent 
when the AF Form 3008 was revised. The DPSIP advisory indicates 
the revision or change was made during BMT. The applicant did 
not provide any information or evidence to dispute the validity 
of the change; his application does not even address it. Based 
on the available evidence, the AF Form 3008 was properly changed 
and eliminated the accelerated promotion provision. 

 

Even though there is no error in the applicant’s case, there 
remains the potential issue of injustice. The United States 
Court of Federal Claims (which was called the United States 
Claims Court before 1992) has held that “injustice” refers to 
“treatment by the military authorities that shocks the sense of 
justice.” 

 

Absent evidence to show the change to applicant’s AF Form 
3008 was improper or invalid, there is no injustice in this 
case. 

 

The complete JA evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 13 Jan 12, copies of the Air Force evaluations were forwarded 
to the applicant for review and comment within 30 days. As of 
this date, no response has been received by this office (Exhibit 
E). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 


 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt their rationale as the basis for our 
conclusion the applicant has not been the victim of an 
injustice. 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 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 Docket Number BC-
2011-04070 in Executive Session on 19 Apr 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 


 

The following documentary evidence was considered in AFBCMR BC-
2011-04070: 

 

 Exhibit A. DD Form 149, dated 27 Mar 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIP, dated 15 Dec 11, w/atchs. 

 Exhibit D. Letter, HQ AFPC/JA, dated 9 Jan 12. 

 Exhibit E. Letter, SAF/MRBR, dated 13 Jan 12. 

 

 

 

 

 Panel Chair 

 

 

 

 



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