RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03988
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His Enlisted Performance Report (EPR), rendered for the period
15 January 2011 through 14 January 2012, be replaced with two EPRs
for the periods 15 January 2011 through 4 July 2011 and 5 July
2011 through 16 January 2012. (Administratively corrected)
2. He be promoted to the rank of Technical Sergeant (TSgt, E-6).
(Amended Request)
3. He be reinstated into the Air Force. (Amended Request)
APPLICANT CONTENDS THAT:
Due to a Change of Reporting Official (CRO), he should have had
two EPRs written during the period in question. If this action
was properly completed he would have been able to test to the rank
of TSgt in 2012.
In support of his request, the applicant provides copies of his
EPRs, memorandums from his chain of command and various other
documents related to his request.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 9 December 1998, the applicant entered the Regular Air Force.
On 8 December 2013, he was honorably discharged in the rank of
Staff Sergeant (SSgt, E-5). His narrative reason for separation
is Reduction in Force. He served a total of 15 years active
service.
In a letter to the applicant dated 10 December 2013, AFPC/DPSID
advised him that his first avenue of relief for his request to
replace the 14 January 2012 EPR with the 4 July 2011 and
16 January 2012 electronic EPRs would be through the Evaluation
Report Appeals Board (ERAB). Therefore, his application was
forwarded to the ERAB and his request was approved.
AIR FORCE EVALUATION:
AFPC/DPSOE recommends the applicant's record be corrected to
reflect promotion to the rank of TSgt with a Date of Rank (DOR)
and Promotion Effective Date (PED) of 1 May 2013. Based on the
applicant's DOR to SSgt, he would have been eligible for promotion
to the rank of TSgt beginning with cycle 12E6. However, he
received a referral EPR for the period 1 March 2010 through
14 January 2011 which rendered him ineligible for promotion in
accordance with AFI 36-2502, Airman Promotion/Demotion Program.
The applicant was considered and nonselected for promotion to the
rank of TSgt during cycle 13E6. He was honorably discharged on
8 December 2013 in the rank of SSgt. AFPC/DPSIDE has reviewed
this case and approved the applicant's request to replace the
14 January 2012 EPR with the 4 July 2011 and 16 January 2012 EPRs.
If the 4 July 2011 nonreferral report was not in his record for
cycle 12E6, he would have been eligible to test. Since he did not
test to the rank of TSgt until cycle 13E6, his scores from that
cycle would be applied retroactively to cycle 12E6 and he would
become a TSgt select with a DOR of 1 May 2013.
The complete DPSOE evaluation, with attachment, is at Exhibit C.
AFPC/DPSOR states that this advisory is for informational purposes
only. The applicant's Date of Separation (DOS) for Reduction in
Force was processed in accordance with AFI 36-3208, Administrative
Separation of Airmen, because he was unable to promote to the rank
of TSgt. Based on his High Year of Tenure (HYT), he was discharged
at the current rank of SSgt with 15 years Total Active Federal
Military Service (TAFMS).
Every enlisted individual is assigned a HYT date when they reach
three years time in service. PSDM 11-110, FY13 High Year Tenure
(HYT) Adjustments for SrA, SSgts, and TSgts, established the
criteria for enlisted HYT. For SSgt, the established HYT date is
the year and month an individual reaches 15 years TAFMS. SSgts are
separated upon reaching 15 years TAFMS if they fail to progress to
the next higher grade via the Weighted Airman Promotion System.
The Military Personnel Data System automatically projects these
individuals for separation 180 days prior to their established DOS.
The applicant was separated based solely on reaching HYT for the
current rank of SSgt. In the event the applicant is allowed to
assume the rank of TSgt, the current basis for discharge will no
longer exist and he would be able to retire at 20 years TAFMS
(unless other administrative discharge proceedings are conducted by
his commander prior to that time frame).
The complete DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 6 December 2013, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Having carefully reviewed
this application, we agree with the recommendations of the Air
Force offices of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has
been the victim of either an error or an injustice. Therefore, we
recommend the applicant's records be corrected as set forth below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. He was promoted to the rank of TSgt, with a DOR and PED
of 1 May 2013.
b. He was not separated on 8 December 2013 in the grade of
SSgt but on that date he was continued on active duty in the grade
of TSgt.
?
The following members of the Board considered AFBCMR BC-2013-03988 in
Executive Session on 26 June 2014, 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 Form 149, dated 20 August 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 10 January 2014, w/atch.
Exhibit D. Letter, AFPC/DPSOR, dated 9 May 2014.
Exhibit E. Letter, SAF/MRBR, dated 16 May 2014.
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