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AF | BCMR | CY2011 | BC-2011-04076
Original file (BC-2011-04076.txt) Auto-classification: Denied
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 applicant’s 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 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 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 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.” 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), rev’d on 
other grounds, 930 F.2d 1577 (Fed. Cir. 1991). 

 

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 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 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 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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