RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04076
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His promotion to the grade of senior airman (SrA/E-4) be
accelerated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He has met the requirements listed on AF Form 3008, paragraph
B, Supplement to Enlistment Agreement United States Air Force,
which states I further understand that I am guaranteed
promotion to SrA (E-4) once I have been awarded the three skill-
level in my Air Force Specialty (AFS) and have completed
24 months time in service (TIS).
2. He completed his three skill-level on 7 Jul 11 and will have
24 months TIS effective, 4 May 12 based on the date he entered
active duty military service.
In support of his request, the applicant provides copies of his
AF Form 3007, Acknowledgement and Review on Date of Enlistment;
AF Form 1256, Certificate of Training; AF Form 1266, Certificate
of Training; and AF Form 3008.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 May 10, the applicant enlisted in the Regular Air Force.
In Oct 06, the Air Force changed the accelerated promotion to
SrA policy for six year enlistees in the Combat Control (CCT)
and Pararescue (PJ) Air Force Specialty Codes (AFSCs). 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). In most cases, airmen are promoted to SrA
four months later under the new policy.
The new policy is contained in a 20 Jun 06, AF/A1 message and an
Air Force Recruiting Service (AFRS), 5 Oct 07, procedural
guidance message. The new policy was added to AFI 36-2502, Airman Promotion/Demotion Programs, when the instruction was
revised and reissued on 31 Dec 09. Although the policy was
changed, the AF Form 3008 did not get revised to eliminate the
provision for accelerated promotion to SrA after 24 months TIS.
The AFRS message directed that this provision be lined out, but
that did not always happen.
The applicant signed the AF Form 3008, during final processing
at the Military Entrance Processing Station (MEPS) prior to
departing for basic military training (BMT) as per standard
procedures. Both the applicant and the MEPS Air Force Liaison
initialed and signed the AF Form 3008 in the appropriate areas;
including the statement containing the accelerated promotion to
SrA. During BMT the AF Form 3008 was re-accomplished and the
promotion statement was lined through and initialed by the
applicant and the 737 Training Support Squadron (TRSS)
representative.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIP recommends denial. Although the revision to AFI 36-
2502 was not published incorporating the policy change until
after the applicant signed the AF Form 3008; the AF Form
3008 was corrected during BMT, so he was aware of the change in
policy/contract prior to entering technical training school.
Also, the applicant acknowledged his understanding and
acceptance to the change by initialing and signing the corrected
copy.
The complete DPSIP evaluation, with attachments, is at Exhibit
B.
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, AFPC/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 contract 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 initialed 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.
To obtain relief, the applicant must show by a preponderance of
the evidence some error or injustice warranting corrective
action by the Board, 10 U.S.C. §1552.
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 AFPC/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. Sawyer v United States, 18 Cl. Ct 860 (1989), (citing
Reale v. United States, 208 Ct. Cl. 1010, 1011, cert. denied,
429 U.S. 854, 50 l. ED. 2D 129, 97 s. Ct. 148 (1976), revd on
other grounds, 930 F.2d 1577 (Fed. Cir. 1991).
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 C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 13 Jan 12 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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. We took
notice of the applicants 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 error or
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis for us 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-2011-04076 in Executive Session on 19 Apr 12, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Sep 11, w/atchs.
Exhibit B. AFPC/DPSIP, Letter, dated 15 Dec 11.
Exhibit C. AFPC/JA, Letter, dated 9 Jan 12.
Exhibit D. SAF/MRBR, Letter, dated 13 Jan 12.
Panel Chair
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