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 applicants 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 applicants 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 applicants 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 applicants 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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