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AF | BCMR | CY2012 | BC-2012-04554
Original file (BC-2012-04554.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04554
			COUNSEL:  NONE
			HEARING DESIRED: YES

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

1. His High Year of Tenure (HYT) date of 21 Feb 13 be extended 
38-days to 1 Apr 13.

2. He be allowed to test for promotion to the grade of senior 
master sergeant (SMSgt) and be considered for promotion by the 
SMSgt promotion board during cycle 13E8.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

1. He had uncommon circumstances that caused him to miss two 
consecutive regular convening senior non-commissioned officer 
(SNCO) selection boards due to being deployed for 15 months.  
Additionally, his Defense Meritorious Service Medal (DMSM), 
Meritorious Service Medal (MSM), and 2012 Enlisted Performance 
Report (EPR) that highlighted his deployment should be 
considered by the 13E8 selection board.  These documents have 
never been reviewed by a promotion board and contain substantial 
information.  

2. The last regular promotion board he met was in 2010.  Since 
he was deployed for 15 months and was unable to test, he was not 
given an opportunity to meet a regular convening SNCO selection 
board and he does not feel that a fair assessment was made 
because all factors were not considered.  Although his HYT is 
not until 21 Feb 13, the documents dated back to 15 Nov 11 will 
not be reviewed by any board.  For this reason, he believes that 
he was not afforded the same opportunities to advance his score 
as his peers.  If the Board grants his request to extend his HYT 
by 38 days it will extend his HYT to 1 Apr 13, which is required 
to be eligible to be considered by the 13E8 promotion board.

His complete submission, with attachments, is at Exhibit A. 

________________________________________________________________
_




STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 1 Mar 13 in 
the grade of master sergeant.

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

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denying the applicant’s request to have 
his HYT extended.  The applicant applied for a HYT extension in 
September 2012; however, his request was disapproved due to the 
worldwide and base level manning for both master sergeant and 
senior master sergeant being over 100 percent manned.

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPSOE recommends denying the applicant’s request to allow 
him to test and be considered for promotion to SMSgt during the 
13E8 cycle.  The applicant tested for SMSgt upon his return from 
his deployment in an out-of-cycle test during the 12E8 promotion 
cycle and was provided supplemental promotion consideration for 
both cycles; however, he was rendered as non-select.  
Additionally, the applicant believes that he was not given a 
fair assessment of his records.  The reason the these documents 
did not go before the promotion board is because their close out 
dates did not meet the promotion eligibility cutoff date (PECD) 
for any previous cycle; the PECD for cycle 12E8 was 30 Sep 11; 
therefore, the first time these documents would have been 
considered by a promotion board was cycle 13E8 that has a PECD 
of 30 Sep 12.

Furthermore, in order to be eligible for promotion consideration 
for SMSgt during cycle 13E8, the applicant’s separation must 
have been 1 Apr 13 or later.  In this case, the applicant has a 
retirement date of 1 Mar 13 making him ineligible for promotion 
consideration.

The complete DPSOR evaluation is at Exhibit D. 

________________________________________________________________
_







APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 6 Apr 13 for review and comment within 30 days.  As 
of this date, this office has received no 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 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 that 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 to recommend granting the relief 
sought in this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________
_

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-2012-04554 in Executive Session on 27 Jun 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member


The following documentary evidence for Docket Number BC-2012-04554 
was considered:

    Exhibit A.  DD Form 149, dated 27 Sep 13, w/atchs.
    Exhibit C.  Letter, AFPC/DPSOR, dated 21 Feb 13.
    Exhibit D.  Letter, AFPC/DPSOE, dated 15 Mar 13.
    Exhibit E.  Letter, SAF/MRBR, dated 6 Apr 13.




                                   
                                   Panel Chair





 


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