RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03835
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was promoted to grade of
master sergeant (E-7) with a date of rank (DOR) of 1 Sep 11.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to attend the Noncomissioned Officer Academy (NCOA)
in 2008 due to the manpower shortage in his unit. In 2009, while
undergoing two medical evaluation boards (MEB), he was placed in
a limited assignment status code and was unable to attend the
NCOA. A professional military education (PME) waiver was
submitted, but he was medically retired before it was completed.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Jul 12, the applicant was relieved from active duty in the
grade of technical sergeant (E-6) and credited with 20 years,
8 months, and 12 days of active service. On 28 Jul 12, the
applicant was permanently disability retired in the grade of
master sergeant (E-7) with a ten percent disability rating.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the appropriate office of
the Air Force, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial indicating there is no evidence of
an error or injustice. The applicant failed to complete the
required mandatory PME or receive an approved waiver prior to his
28 Jul 12 retirement. The applicant was tentatively selected for
promotion to the grade of master sergeant during cycle 11E7. His
promotion sequence number incremented on 1 Sep 11; however, since
he had not completed NCOA prior to the pin-on date, his promotion
was withheld pending completion of PME.
In accordance with AFI 36-2502, Airman Promotion/Demotion
Programs, airmen selected for promotion to staff sergeant (E-5),
master sergeant (E-7), or chief master sergeant (E-9) must
complete in-residence PME before assuming these grades. The
personnel data system (PDS) automatically withholds the promotion
for those service members who do not complete PME prior to the
effective date.
The WG/CC or equivalent has the authority to waive the
aforementioned PME requirement for personnel who cannot complete
training prior to their pin-on date. Airmen with a disapproved
waiver will continue to have their promotion withheld, unless the
promotion is removed, and may be promoted upon successful
completion of PME. Airmen with approved waivers must attend PME,
in the higher grade, within 179 days of their effective promotion
date, or as soon as they are available without impacting the
mission. The only exceptions beyond 179 days are 179 or 365-day
deployments. In all cases, resident attendance remains mandatory
for enlisted personnel in the noted grades.
In accordance with AFI 36-3212, Physical Evaluation for
Retention, Retirement, and Separation, members who are retired on
or after 23 Sep 96 may be retired in the regular or reserve grade
to which they had been selected and would have been promoted had
it not been for the physical disability for which they were
retired. This is for retirement and pay purposes only. The DD
Form 214 will reflect the active duty grade the member held at
time of separation/retirement and the retirement order will
reflect the rank as "highest grade held on active duty.
The complete AFPC/DPSOE evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Neither he nor his rating chain were aware of the option to
request a waiver for PME. Even after learning of the waiver he
and everyone involved in the decision to submit a waiver knew the
correct course of action was for him to attend the NCOA and that
submitting a waiver should be the absolute last resort.
Upon completing the medical evaluations they pursued getting the
travel restrictions lifted so he could attend PME, but were
unsuccessful. As such, he requested approval to enroll in the
NCOA Correspondence Course, but his request was denied as the
correspondence course is strictly for Air Force Reserve members.
They finally submitted a waiver for PME. The waiver was
submitted and signed by the Senior Executive, which means the
waiver was approved by a flag officer. There was no last minute
scramble as they had no sense of urgency since they never
received any indication that his promotion status had changed.
Had he been permitted to attend PME in 2008 rather than be
deferred for mission critical reasons he would have been promoted
over a year ago and the PME waiver (which was approved) would
have been unnecessary (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 an error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, to include his rebuttal response, we are not
convinced that corrective action is warranted. While the
applicant argues that his inability to attend the non-
commissioned officer academy (NCOA) unfairly prevented him from
assuming the grade of master sergeant, we are not convinced he is
the victim of an error or injustice. While the evidence
indicates that mission requirements and his subsequent medical
problems precluded him from attending the NCOA from as early as
2008, he has presented no evidence to indicate that he has
somehow been treated differently than those similarly situated.
In this respect, we note that resident attendance at NCOA is
mandatory in all instances in order to be promoted to the grade
of master sergeant. While a wing commander may waive this
requirement for personnel who cannot complete training prior to
the effective date of their promotion, the decision to approve
such a waiver rests solely within the commanders discretion and
the applicant has provided no evidence to indicate that his
inability to obtain such a waiver was the result of an abuse of
discretionary authority or some error on the part of Air Force
officials. Furthermore, even if we assume for the sake of
argument the applicant should have been granted such a waiver,
his condition would have precluded him from fulfilling the
requirement to attend the NCOA within 179 days of the effective
date of the promotion. Finally, we note that while the applicant
was not able to assume the higher grade, he was retired in the
higher grade in accordance with the policy allowing those such as
the applicant to retire in the grade to which they would have
been promoted were it not for their unfitting disabilities.
Therefore, in view of the above, we are not convinced the
applicant is the victim of an error or injustice and 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 an error or an 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-2012-03835 in Executive Session on 23 Apr 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 10 Sep 12.
Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12.
Exhibit E. Letter, Applicant, dated 25 Oct 12.
Panel Chair
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