RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2015-00270
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be reinstated to Active Duty (AD) and promoted to the grade
of Technical Sergeant (TSgt) with a date of rank and effective
date of 1 Oct 14.
He receive all pay and allowances as if he were promoted on 1
Oct 14 and did not leave AD.
APPLICANT CONTENDS THAT:
On 14 Jan 15, the Air Force Personnel Center (AFPC) notified him
they found an error in his record, stating he was selected for
promotion to TSgt with a line number of 1329.9. AFPC indicated
he could petition to be reinstated to AD and receive back-pay
and allowances.
Had the error not occurred, he would have been notified of his
promotion in Jul 14 and not separated from AD in Dec 14. In
support of his request, he provides a notification letter from
the Chief of Enlisted Promotions, an updated Weighted Airman
Promotion System (WAPS) score notice and an AFPC promotion
certification memorandum.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 2 Dec 99, the applicant entered the Regular Air Force.
On 2 Dec 14, the applicant received an honorable discharge. He
was credited with 15 years and 1 day of active service.
On 14 Jan 15, AFPC/DPSOE sent the applicant a memorandum
informing him his promotion was reviewed during a January 2015
in-system supplemental process. This process review discovered
the applicant was selected for promotion to TSgt. Additionally,
this memorandum informed the applicant to petition the AFBCMR
for correction of his record.
The remaining relevant facts pertaining to this application are
described in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are included at Exhibits C,
D and E.
AIR FORCE EVALUATION:
AFPC/DPSOE certifies the applicant was promoted to TSgt during
the Jan 15 in-system supplemental. His promotion was a result
of an audit conducted on the enlisted promotion process where
AFPC identified a software issue with the automated scanner used
to score WAPS tests. The issue caused the scanner to misscore
his Promotion Fitness Examination (PFE) and/or Specialty
Knowledge Test.
Once the error was identified and corrected, it was determined
that the applicant exceeded the required cutoff score for
promotion to TSgt. Based on his promotion sequence number,
1329.9, he should have been promoted to TSgt effective 1 Oct 14.
The complete DPSOE evaluation is at Exhibit C.
AFPC/DPSOR recommends approval. According to the AFPC/DPSOE
memorandum, the applicant was promoted to the grade of TSgt on
the Jan 15 in-system supplemental promotion cycle. This was the
result of an audit that was conducted which identified an error
by software used to score the promotion exam. Although
initially informed that he had not been promoted to the higher
grade, the resulting audit revealed that he did indeed exceed
the minimum score required for promotion.
The applicants contention that he would have been allowed to
remain in the Air Force had this promotion been made known prior
to his date of separation is correct. Based on the High Year of
Tenure (HYT) rule for the rank of TSgt, the applicant could have
been allowed to remain in the Air Force beyond 15 years Total
Active Federal Military Service (TAFMS). It is DPSORs opinion
the applicants separation be nullified and he be reinstated
back into the Air Force under the new rank of TSgt.
It must be noted that individuals who are separated as a result
of HYT are entitled to receive separation pay. If the
applicants case for reinstatement is approved, the applicant
needs to be made aware that recoupment procedures of the
separation pay may result.
The complete DPSOR evaluation is at Exhibit D.
AFPC/DPAA recommends the applicant be reinstated on AD. The
member is a fully trained 3P071 (Security Forces Craftsman).
The manning in the Security Forces career field supports his
retention in the Air Force.
The complete DPAA evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 11 Feb 15 for review and comment within 30 days
(Exhibit F). As of this date, no response has been received by
this office.
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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case and agree with the opinion and recommendation
of the Air Force office of primary responsibility (OPR) and
adopt its rationale as the basis for our conclusion the
applicant has been the victim of an error or injustice.
Therefore, we recommend the applicant's records be corrected as
indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that the
applicant did not separate on 2 Dec 14, but remained on active
duty and promoted to the grade of technical sergeant, effective
1 Oct 14, and is entitled to all pay and allowances associated
with assuming the higher grade. If applicable, the applicant
should be made aware that recoupment procedures of separation
pay may result due to his return to active duty.
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2015-00270 was considered:
Exhibit A. DD Form 149, dated 20 Jan 15, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOE, dated 21 Jan 15.
Exhibit D. Memorandum, AFPC/DPSOR, dated 2 Feb 15.
Exhibit E. Memorandum, AFPC/DPAA, dated 9 Feb 15.
Exhibit F. Letter, SAF/MRBR, dated 11 Feb 15.
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