RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	   DOCKET NUMBER: BC-2013-03312
		           COUNSEL:  NONE
   	                   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 4, Enlistment/Reenlistment Document – Armed 
Forces of the United States, be corrected to award him credit 
for the 363 prior service active duty days he served in the US 
Marine Corps Reserve.  

2.  His Date of Rank (DOR) to the grade of Airman First Class 
(A1C) be corrected to 31 Jul 2001 (Administratively Corrected).        

3.  His DOR to the grade of SrA be corrected to 31 Jan       
2003 (Administratively Corrected to 28 Jan 2003).  

4.  His DOR to the grades of Staff Sergeant (SSgt) through 
Master Sergeant (MSgt) and promotion eligibility to the grade of 
Senior Master Sergeant (SMSgt) be corrected. (Administratively 
Corrected).    

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 31 Jul 2001, he enlisted on active duty in the grade of 
Airman (Amn).  This was the result of the Military Entrance 
Processing Station (MEPS) not having his service in the US 
Marine Corps Reserve.  He was informed that it would be adjusted 
upon completion of the AF Form 1613, Statement of Service.  

A correct DD Form 4 would have allowed him to enlist as an 
Airman First Class (A1C) and would have made him eligible for 
promotion to the grade of SrA on 31 Jul 2003.  

With his Below-the-Zone (BTZ) promotion selection, he would have 
been promoted to the grade of SrA on 31 Jan 2003.  This would 
have made him eligible to test for promotion to the grade of 
SSgt one year earlier.

The error caused a ripple effect to include testing eligibility 
for promotion to the grade of Technical Sergeant (TSgt), MSgt 
and even SMSgt.  He would have been promoted to the grade of 
SSgt in 2004, eligible to test for promotion to the grade of 
TSgt in 2006, and would have been eligible to test for promotion 
to the grade of MSgt in 2009, and again in 2010 where he missed 
the cut off by .66 points.  This is where the extra Time in 
Grade (TIG) points would have pushed him over and he would have 
been promoted to the grade of MSgt in 2011.  This would have 
made him eligible to test for promotion to the grade of SMSgt in 
Dec 2012.  

He addressed the error on multiple times from 2001 through   
2004 with the Military Personnel Flight (MPF) at Seymour Johnson 
AFB, NC.  He again revisited the issue in 2011 with the MPF at 
Minot AFB, ND and the Air Force Personnel Center (AFPC).  They 
adjusted his DOR to the grades of A1C, SrA and SSgt but it was 
not done correctly and he received no answers to the missed 
testing opportunity to the grade of SSgt.

He knows there are many variables on adjusting the DOR for the 
grades of SSgt through MSgt that would deter an adjustment to 
those ranks but believes the error was unjust.  He took steps to 
address his concerns from the time he entered the Air Force.  
This error has impacted his career as it pertains to his rank 
and testing eligibility.

In support of his requests, the applicant provides a personal 
statement, copies of his DD Form 4, AF Form 1299, Officer’s 
Certificate of Statement of Service; AF Form 1613, Statement of 
Service; Enlisted Performance Reports (EPR) and other various 
documents associated with his requests.   

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently on active duty serving in the grade 
of MSgt.

The applicant’s Entered Active Duty Date (EAD) in the Air Force 
is 31 Jul 2001. 

The applicant’s AF Form 1613, shows he served 175 days of Active 
Duty Time (ADT) for Reserve Year Ending (RYE) 27 Mar 1995 and 
188 days of ADT for RYE 27 Mar 1996 for a total of 363 days.  
Based on this creditable service, his TAFMSD was adjusted to 28 
Jul 2000.

In a letter dated 10 Jan 2014, AFPC/DPSOE advised the applicant 
his DOR to the grades of SrA, SSgt, TSgt and MSgt were 
administratively corrected and that he would receive 
supplemental promotion consideration for promotion to the grade 
of SMSgt during the May 2014 Senior Noncommissioned Officer 
(SNCO) Supplemental Promotion Board.  DPSOE also advised the 
applicant to submit a request through the Evaluation Report 
Appeals Board (ERAB) for correction of his affected Enlisted 
Performance Reports (EPR) with close out dates of 31 Mar 2003, 
11 Feb 2005, 11 Feb 2008 and 20 Dec 2011 to reflect the 
appropriate rank and/or form for the EPRs.

________________________________________________________________

AIR FORCE EVALUATION:

DPSIPE recommends denial of the applicant’s request for 
correction of his DD Form 4 to account for service time acquired 
as a member of the Marine Corps Reserve.  After a thorough 
review of the applicant’s military personnel records, AFI     
36-2604, Service Dates and Dates of Rank; and the supporting 
documentation provided by the applicant, there is no an error or 
injustice.   On 2 May 2011, the applicant’s records were 
adjusted to show that he was authorized to enter active duty in 
the Air Force in the grade of A1C.      

The complete DPSIPE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

He is currently taking the corrective action of fixing the EPRs 
that are considered minor corrections.  He was unable to contact 
the evaluators needed to re-accomplish his 20 Dec 2011 EPR due 
to retirements and opted to not have that EPR voided for fear of 
missing an EPR which would potentially reflect adversely in his 
selection folder for future promotion boards.

The injustice is that he attempted to have his records 
corrected.  When it was finally corrected, the chain effect 
caused him to miss a promotion opportunity.  He has major flaws 
in his promotion selection folder.  His EPRs and decorations are 
not commensurate with a promotable MSgt and do not show the 
proper progression of the final evaluators which will impact his 
promotion opportunity for cycles to come.  

The injustice of the missed opportunity was not his fault and 
was out of his hands.  He asks the Board to look at the facts 
and correct this injustice in his impeccable career.  

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

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.  Although 
the applicant requests the 363 days reflected on his AF Form 
1613 from the Marine Corps Reserve be credited on his DD Form 4, 
the evidence reflects that his TAFMSD has already been adjusted 
(28 Jul 2000) to account for these days.  Based on this 
adjustment, his DORs to the grades of SrA, SSgt, TSgt and MSGT 
were administratively corrected as applicable.  Although DPSOE 
indicated that he would receive supplemental promotion 
consideration to the grade of SMSgt during the May 2014 SNCO 
Supplemental Promotion Board, in an email dated 20 May 14, DPSOE 
advised that the applicant was not considered during this board 
because the ranks on four of his EPRs had to be corrected before 
the board met.  The applicant has submitted a request to the 
ERAB and they should make the appropriate corrections to his 
EPRs.  However, he will not meet a supplemental board until next 
year since the board is only held annually.  In view of the 
above, we find that the applicant has received the appropriate 
credit for his 363 days of service in the Marines, and thus has 
received all the relief requested.  If, following ERAB action 
and supplemental Promotion Board consideration, the applicant 
still feels there are errors to be corrected, the BCMR will 
consider a new 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-2013-03312 in Executive Session on 15 and 20 May 2014, 
under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member


The following documents in AFBCMR Docket Number BC-2013-03312 
were considered:    

     Exhibit A.  DD Forms 149, dated 8 Jul 2013, w/atch. 	   
     Exhibit B.  Applicant’s Master Personnel Records. 
     Exhibit C.  Letter, AFPC/DPSIPE, dated 25 Oct 2013. 
     Exhibit D.  Letter, AFPC/DPSOE, dated 10 Jan 2014.
     Exhibit E.  Letter, SAF/MRBR, dated 28 Feb 2014
     Exhibit F.  Letter, Applicant, dated 17 Mar 2014, w/atch.    




                                   
                                   Panel Chair