RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02579


				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  Thirty days of lost leave be restored to his leave balance.

2.  His Weighted Airman Promotion Systems (WAPS) test scores for 
promotion cycle 2011E6 be removed from his records and he 
receive supplemental promotion consideration for said cycle as 
if he was Special Knowledge Test (SKT) exempt.

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APPLICANT CONTENDS THAT:

1.  He was erroneously precluded from using leave while he was 
in patient status.

2.  He should have tested for promotion as SKT exempt while he 
recovered from his injuries as he was in a patient status.  He 
was given erroneous information when he inquired about testing 
while in patient status.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of staff sergeant (E-5).

On 25 Jan 13, the applicant filed an Inspector General (IG) 
complaint alleging administrative errors were made regarding his 
assignment as a patient to the patient squadron.  On 21 Feb 13, 
the 59th Medical Wing Support Squadron informed the applicant 
that as a result of his IG complaint, his duty status code, date 
gained to file, date arrived station (DAS), and duty air force 
specialty code (DAFSC) of 9P000 were appropriately updated to 
his records, while efforts were underway to issue corrected 
versions of his AF Form 469, Duty Limiting Condition Report, and 
AF Form 422, Notification of Air Force Member’s Qualification 
Status.
In accordance with AFI 36-2101, Classifying Military Personnel 
(Officer and Enlisted), a patient’s Control Air Force Specialty 
Code (CAFSC) will not be changed as a result of patient status. 

In accordance with AFI 36-2502, Airman Promotion/Demotion 
Programs, service members compete for promotion in the CAFSC 
they hold at the promotion eligibility cutoff date (PECD).

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the Air Force offices of 
primary responsibility, which are attached at Exhibits C, D, G 
and H.

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AIR FORCE EVALUATION:

AFPC/DPSIM recommends the applicant’s request to have his leave 
restored be granted.  On 24 Apr 10, the applicant was involved 
in a motor vehicle accident in France.  He was admitted to the 
hospital and underwent several surgeries.  On 19 May 10, he was 
transferred to a medical center in Texas.  Subsequently, he 
received a Permanent Change of Station (PCS) order to Lackland 
AFB with a report not later than date (RNLTD) of 15 Jun 10.  He 
was returned to duty without limitation on 24 Mar 12.

In accordance with AFI 36-3003, Military Leave Program, Special 
Leave Accrual (SLA) is not authorized for hospitalizations.  
However, service members who are not eligible for SLA can 
request recovery of lost leave by submitting an application for 
correction of military records.

A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.

AFPC/DPSOE recommends denial of the applicant’s request for 
supplemental promotion consideration, indicating there is no 
evidence of an error or an injustice warranting removal of the 
WAPs test score for cycle 11E6.  On 27 Oct 11, the applicant 
tested out of cycle for promotion cycle 2011E6.  He was 
considered through the in-system supplemental process and was a 
nonselect for promotion.  His SKT score was 51.00, Promotion 
Fitness Examination (PFE) score was 52.52, and his overall score 
was 308.35.  The score required for selection in his AFSC was 
309.23.

In accordance with AFI 36-2005, paragraph 1.19.2, all examinees 
must inform the Test Examiner (TE) of any mental or physical 
condition that may prevent them from doing their best or 
finishing testing.  Paragraph 3.3.2, further instructs the TE to 
the extent possible, to confirm all examinees are comfortable 
and not fatigued, ill, or distressed.  If the examinee is 
affected by one of these conditions, excuse him/her and 
reschedule testing for a more appropriate time.  The applicant 
has not provided an AF Form 422 stating he was physically unable 
to test or inform anyone he was physically unable to test prior 
to his test date.  In fact, the applicant requested he be given 
a test date for the cycle 2011E6.

A complete copy of the AFPC/DPSOE evaluation, with attachment, 
is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His Letter of Evaluation (LOE) for the period 18 May 10 through 
12 Dec 12 reflects his DAFSC as 9A000 and his duty title as 
patient.  He should have been exempt from the SKT portion of the 
promotion examination and only tested for professional 
Development Guide (PDG).

The applicant’s complete response, with attachments, is at 
Exhibit F.

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ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPSIC notes as a result of the 31 Oct 09 Cyber 
transformation, the applicant’s CAFSC 3A051 was converted to 
3D051.  On 11 Feb 11, his DASFC was changed to 9P000.  On 
14 Dec 12, his 9P000 Duty AFSC (DAFSC) was removed and replaced 
with 3D071.  The applicant’s CAFSC has not changed again to-
date.

Per AFI 36-2101, Classifying Military Personnel (Officer and 
Enlisted), a patient's CAFSC will not be changed as a result of 
patient status.

A complete copy of the AFPC/DPSIC evaluation is at Exhibit G.

AFPC/DPSOE recommends denial of the applicant’s request for 
supplemental promotion consideration, indicating the applicant 
was appropriately subjected to SKT testing in his CAFSC.  Per 
AFI 35-2502, Airman Promotion/Demotion Programs, service members 
compete for promotion in the CAFSC they hold at the promotion 
eligibility cutoff date (PECD).  The PECD for 2011E6 was 31 Dec 
10.  The applicant’s CASFC as of the PECD for 2011E6 was 3DOX1.

A complete copy of the AFPC/DPSOE evaluation is at Exhibit H.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant’s PCS orders dated 25 May 10 and duty history 
dated 15 Aug 13 reflects he was on a patient assignment as of 
25 May 10 (Exhibit J).

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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 to warrant 
providing the applicant supplemental consideration for 
promotion.  After a thorough review of the evidence of record 
and the applicant’s complete submission, to include his 
responses to the Air Force evaluations, we are not convinced the 
applicant is the victim of an error or injustice.  The applicant 
contends that he should have been exempt from specialty 
knowledge testing (SKT) when he competed for promotion; however, 
while it appears the applicant’s duty air force specialty code 
(DAFSC) was not appropriately updated as a result of his being 
placed in a patient status, we are not convinced he should have 
been exempt from the SKT portion of the promotion examination.  
In this respect, we note that in accordance with AFI 36-2101, 
Classifying Military Personnel (Officer and Enlisted), a 
patient's control air force specialty code (CAFSC) will not be 
changed as a result of being placed in a patient status.  
Therefore, irrespective of whatever errors occurred with respect 
to the applicant’s DAFSC, in view of the fact that AFI 36-2502, 
Airman Promotion/Demotion Programs, requires that service 
members compete for promotion in the CAFSC they hold at the 
promotion eligibility cutoff date (PECD), and the applicant has 
presented no evidence to indicate that the CAFSC he held was 
somehow erroneous, we are not convinced that he is the victim of 
an error or injustice with respect to his promotion 
consideration.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice regarding the portion of the applicant’s request to 
restore 30 days of lost leave.  In this respect, we agree with 
the opinion and recommendation of AFPC/DPSFM and adopt their 
rationale as the basis for our conclusion that the applicant’s 
records should be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that 30 
days of leave be restored to his current leave balance. 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-02579 in Executive Session on 21 Nov 13, under 
the provisions of AFI 36-2603: 

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.	DD Forms 149, dated 6 Jun 12 and 30 Jan 13,
				w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSIM dated 31 Jul 12.
	Exhibit D.	Letter, AFPC/DPSOE, dated 7 Sep 12, w/atchs.
	Exhibit E.	Letter, SAF/MRBR, dated 24 Sep 12.
	Exhibit F.	Letter, Applicant, dated 26 Mar 13, w/atchs.
	Exhibit G.	Letter, AFPC/DPSIC, dated 22 Apr 13, w/atchs.
	Exhibit H.	Letter, AFPC/DPSOE, dated 6 May 13.
	Exhibit I.	Letter, SAF/MRBR, dated 23 May 13.




					
					Panel Chair 

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