AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
JUL 2 1 I996
IN THE MATTER OF:
DOCKET NUMBER: 98-00302
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be retired in the grade of senior master sergeant (E-8),
effective 2 August 1998, versus 2 August 2008.
APPLICANT CONTENDS THAT:
His current retirement orders state E-7 retirement pay, then
shift to E-8 pay after 10 years as provisioned in AFI 36-3203
7.4.1.
Current regulations exist for those individuals who
unwillingly have lost stripes due to disciplinary actions. He
states that he does not fall under this category. As a Navy E-8
for approximately two years, he crossed over into a critically
undermanned career field in Air Force Special Operations, and, in
turn, was downgraded to E-7.
Due to his exceptional service
record as an E-8 and his willingness to serve his country, he
contests Title 10 USC 8961 (b) that his retirement pay be
upgraded to his highest rank attained immediately.
In support of the appeal, applicant submits a copy of his
retirement orders and DD Form 214 from the Navy for E-8
veri f ica t ion.
In addition, he submits his prior enlisted
performance reports as an E-8 substantiating that his service was
satisfactory in that grade (provisioned under AFI 36-3203
7.5.1.2).
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of master sergeant.
The applicant enlisted in the Regular Air Force on 11 September
1995, in the grade of master sergeant. Prior to his enlistment
98-00302
in the Air Force, he completed a total of 17 years, two months
and 19 days of active Navy service.
On 23 September 1997, the applicant voluntarily applied for
retirement and was approved for retirement to be effective
1 August 1998. His retirement order, DAFSO AC-000230, dated
8 October 1997, reflects that he will be relieved from active
duty on 31 July 1998 and retired on 1 August 1998 with 20 years
and 29 days active service, in the grade of master sergeant.
EPR profile since 1996 reflects the following:
PERIOD ENDING
OVERALL EVALUATION
10 Sep 96
31 May 97
5
5
AIR FORCE EVALUATION:
The Chief, Skills Management Branch, AFPC/DPPAE, reviewed this
application and states that in accordance with AETCI 36-2002, the
highest enlistment grade authorized for prior service personnel
is technical sergeant (E-6). Since the applicant did not provide
copies of enlistment processing paperwork, they can only
speculate he was awarded pay grade E-7 as an exception to policy.
They state that the applicant‘s enlistment in the Regular Air
Force in the pay grade E-7, effective and with date of rank
11 September 1995, is correct and in compliance with policy.
Therefore, since he is not contesting his enlistment grade of
master sergeant, they have no further comments on this case.
A complete copy of the evaluation is attached at Exhibit C.
The Retirements Branch, AFPC/DPPRR, reviewed this application and
states that the applicant will be advanced to the grade of senior
master sergeant on 2 August 2008. This ac&ion is in accordance
with Section 8964, Title 10, USC 8964, which provides for
enlisted members to be advanced (when their active service plus
service on the retired list totals 30 years) on the retired list
to the highest grade in which they served on active duty
satisfactorily as determined by the Secretary of the Air Force.
They quote Title 10, USC 8961 as stating: “Unless entitled to a
higher retired grade under some other provision of law a regular
or reserve of the Air Force who retires other than for physical
disability retires in the regular or reserve grade that he holds
on the date of his retirement.” In the applicant‘s case, the
grade is master sergeant. They further state that the applicant
signed an Enlistment Agreement (AF Form 3006) on 11 September
1995, which clearly stated, “My enlistment in the Regular Air
Force is for four years of active duty. I have been counseled on
the six-year enlistment program and enlistment grade policy. I
2
.
*
98- 00302
am enlisting in pay grade E-7. I have no claim to a hiqher
grade. I understand my entitlement to further promotions will be
in accordance with regulations in effect at the time of my
eligibility for promotion and provisions do not exist to
accelerate promotion due to my prior service or the number of
years I am enlisting for." The applicant is correctly projected
to retire in the grade of master sergeant, which is the grade he
will hold on the date of his retirement. There are no provisions
of law that would allow him to retire in a grade other than the
grade he holds on the last day of active duty. Nevertheless,
; there is an advancement statement on the applicant's retirement
order which advances him to the highest grade satisfactorily held
at the 30-year point.
No irregularities or injustices were
discovered while reviewing the applicant's retirement actions.
Therefore, they recommend denial of applicant's request.
A complete copy of the evaluation is attached at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and states that
he is not requesting to be retired at the grade of senior master.
He is requesting retired pay consistent with highest grade held
as applies to military officers. He states that Title 10 USC
8961 applies to enlisted members only. Military officers receive
retirement pay at the highest grade held at the time of
retirement. This inconsistency in treatment of officers versus
enlisted in the United States Code is prejudice and inconsistent
with the respectable history of the military and country he has
served for over 20 years. He recommends fair and equal treatment
for officers and enlisted upon retirement from the United States
military.
Applicant's complete response is attached at Exhibit F.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2.
The application was timely filed.
Insufficient relevant evidence has been presented to
3.
demonstrate the existence of probable error or injustice. We
took notice of the applicant's complete submission; however, we
agree with the opinions and recommendations of the Air Force and
adopt their rationale as the basis for the 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
compelling basis to recommend granting the relief sought in this
application.
98- 00302
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 7 July 1998, under the provisions of AFI
36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Frederick R. Beaman 111, Member
Mr. Steven A, Shaw, Member
Ms. Phyllis L. Spence, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jan 98, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 11 Mar 98, w/atchs.
Exhibit D. Letter, AFPC/DPPRR, dated 16 Mar 98, w/atchs.
Exhibit E. Letter, AFBCMR, dated 30 Mar 98, w/atchs.
Exhibit F. Applicant’s Letter, dated 13 Apr 98.
4
DEPARTMENT OF THE A I R FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCDPPAE
550 C Street West, Ste 10
Randolph A.FB TX 78150-4712
& I MAR 1998
The applicant requests his retirement grade changed to SMSgt (E-8) based on grade held
upon discharge from the U.S. Navy. This advisory will only comment on his enlistment grade.
Applicant served a total of 17 years, two months, and 19 days of active Navy service. He
enlisted in the USAF on 11 Sep 95 in the grade of MSgt. In accordance with AETCI 36-2002, the
highest enlistment grade authorized for Prior Service personnel is TSgt (E-6). Since applicant did
not provide copies of enlistment processing paperwork, we can only speculate he was awarded pay
grade E-7 as an exception to policy. The enlistment grade provision is included on the Enlistment
Agreement., AF Form 3006, Section I, Item A, which applicant acknowledged on his date of
enlistment.
Applicant’s enlistment in the RegAF in pay grade E-7, effective and with DOR 11 Sep 95,
is correct and in compliance with policy. Since he is not contesting his enlistment grade of MSgt,
we have no further comments on this case.
Chief, Skills Mag)&mnt Branch
Dir of Pers Pro am Management
9800302
. . . . . . . . . . . . .
148
AETCI36-2002
Attachment 3 Z October I997
R
U
L
E
1
A
If the applicant's
lastregular
component was
AirForce
2
non-AirForce
B
C
I
Note
then the authorized eotistment grade is
grade in which last separated fkom the Re@
U 3 .
ARC (maximum, master sergeant)
4
grade in which last separated fiom regular component or in which currently serving in 1,2,3,
the ARC (maximum, technical sergeant; minimum, staff sergeant @fMsergeant
was held at time of separation from regular component or in the ARC])
or in which currently serving in the
-
5,6
A3.5.2. Determine DOR as follows. For prior Air Force edistees who enlist for DDA AFSC (minimum 3 - s U Ievel) herd at
the time of separation from RegAF or who have the necessary prerequisite AFSC and skill level and enlist h m retraining
into a lateml AFSC, time in grade (TIG) is retained as follows:
A3.5.2.1. When enlisted before the second anniversary of DOS, one-half of the applicant's TIG Will be restored
A3.5.2.2. When enlisted on or after the second annivemuy and before the fourth anniversary, one-fourth of the previous
TIG yill be restored.
A3.5.2.3. When enlisted on or after the fourth anniversary, the DOR will be the date of enlistment (DOE).
A3.5.2.4. Applicants who arc entitled to enlist in a pay grade higher thanthe grade they last held in the Re@ due to ARC
service are not authorired to retain TIG accrued in &,higher grade.
A3.5.2.5. The effective date of pay grade on the DD Form 214 is used to determine TXG possessed at the time of separation.
9800302
. . . . . . . . . . . . .
;:. a
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.
eNLlSTMENt AGREEMENT - PRIOR SERVICE/ACTlVE USAFR/ANG-UNITED STATES AIR FORCE ANNEX.A.TO
(THIS FORM 19 BUBJBCT TO THE P R N A C Y AOT OF 1074 - USX BLANKET PAS - AF FORM 883)
DD FORM 4
(gee inatruationa on ~ W M )
~~
TERMS OF ENLISTMENT AGREEMENT
A. TERM OF ENLIS'PMENT/F,NLJSTMENT PAY GRADE. My enliitment in the Regular Air Force (RsgAFI is for 4 years of active duty. I
have bean eounseled on the six-year enlistment program and enlistment grade policy. I am enlhting In pay
higher grade. 1 understand my entitlement to flvther promoLions will be in accordance with regulations in
ion doe to my prior eervice or the number of year8
promotion and proviaiona do not exist to accelerate pro
B. DATE OF RANK @OR). If1 am enlisting for retraining, have never served in the k g W , or have been separated from the IlegAPfor more than
four years. I understand my DOR ie my date ofenlistment in the RegAF. If my laat Regular component service was the RegAF and I am enlisting
fo,r directed duty a d g n m e n t in the same PEY grade I was separated from the RegAF, within ur years of my date of separatlon (00s) from the
-
RegAF, I may be eligible for a DO8 adjustment as prescribed by appropriate directives. &d
C. DIRECTED DUTY
with fist assignment to
L
0
E. APPLICANT INFORMATION. I have received an Applicant Information PamphIet, which I have read. I have requasted -days
advance Lave. I may
not apply for assignment in any previous skill 02 for retraining into another AFS untjl I have completed 36 months sedce if I sm a 4-year enlistee or 60 '
months service if I am a 6 - y ~
enlistee. I understand I could be asslgned to any or all of the tasks within my specialty. I also understand the intent of the
Air Force is to ret& me in my specialty for my complete enlistment, however, Air Force needs come first, and. in the event of mission changr?E, Ax
Force-wide conversiongin my. skU;disquafifl@tion'froM ~tiY.sklll, or any other Afr Force requirements, the A b Force cannot guarantee tenure in my
AFS. If I am a. npp-Us citizen,. I 'pnderstanll I must.attaih US cittzcdship'fo bp eligible for reenlistment. I undbEstadd niy 'Home of Record as m r d e d o n
DD Form.4 cannot be changed while I am in the Air Force. MY failure to maintain Air Force standards, or to perform adgpsd dutles [including. but not
linifted to,secu&y; I>pemtion, qEfiring.of weapons) may' result in involuntary separation or other appropriate-ac?;:
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This is my official agrkge&.with
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:ED GRADE
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we enIisted members reduced in
misconduct.
vmmt officers and enlisted mem-
irrant oficers and enlisted mem-
commissioned officer of the
ysical disabilit and the re-
ifficer of the &r Force who
.y or for nonregular service
mnined under section 1370
:ed grade under some other
)f the Air Force not covered
n for physical disability re-
iat he holds on the date of
P.L. 96-513, g504(19), 94 Stat. 2817;
;pecfal positions
; professor of the United
is below brigadier general,
has been long and distin-
President, be retired in the
.L 85861 01(197), 72 Stat. 1541; Oct.
.L: 06-34; 0 13(bX1), (2),94 Stat. 1131;
. 10, 1996, P.L. 104-106, g602(cKdX1),
:torily: Reserve enlisted
:e not as a result of the
i
the Air Force described in
tion 8914 of this title shall
ade in which the member
in the case of a member of
ber served on full-time Na-
ermined by the Secretary of
: enlisted member who-
1520
i
1521
CH. 869-RETIRED 'GRADE
P 8966
(1) at the time of retirement is serving on active duty (or,
in the case of a member of the National Guard, on full-time
National Guard duty) in a grade lower than the highest en-
listed grade held by the member while on active duty (or full-
time National Guard duty); and
(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by
the Secretary of the Air Force.
(c) This section applies with respect to Reserve enlisted mem-
bers who are retired under section 8914 of this title after Septem-
ber 30, 1996.
(Added P.L. 104-201,5632(cXl), Sept. 23,1996, 110 Stat. 2619.1
$8964. Higher grade after 30 years of service: warrant offi-
cers and enlisted members
(a) Each retired member of the Air Force covered by subsection
(b) who is retired with less than 30 years of active service is enti-
tled, when his actiye service plus his service on the retired list to-
tals 30 years, to be advanced on the retired list to the highest
grade in which he served on active duty satisfactorily (or, in the
case of a member of the National Guard, in which he served on
full-time duty satisfactorily), as determined by the Secretary of the
Air Force.
(b) This section ap lies to-
(1) warrant o & cers of the Air Force;
(2) enlisted members of the Regular Air Force; and
(3) reserve enlisted members of the Air Force who, at the
time of retirement, are serving on active duty (or, in the case
of members of the National Guard, on full-time duty).
and enlisted members
(Aug. 10 1956 ch. I041 70A Stat. 555- Se t. 2, 1058, P.L. 86-861, gl(lWA), 72 Stat. 164k
P.L. W-625, g653(c), O& 19, 1084, OS Siat. $5528; Dec. 4,1987, P.L. 100-180, p512(c), 101 Stat:
1090.)
8 8965. Restoration to former grade: retired warrant officers
Each retired warrant officer or enlisted member of the Air
Force who has been advanced on the retired list to a higher com-
missioned grade under section 8964 of this title, and who applies
to the Secretary of the Air Force within three months after his ad-
vancement, shall, if the Secretary approves, be restored on the re-
tired list to his former warrant-officer or enlisted status, as the
case may be.
(Aug. 10, 1956, ch. 1041.70A Stat. 665; Dee. 4, 1087, PL. 100-180, gSl2(dX3), 101 Stat. 1090.)
8 8966. Retired lists
(a) The Secretary of the Air Force shall maintain a retired list
containina the name of each retired commissioned officer of the
Regular &r Force.
(b) The Secretary shall maintain a retired list containing the
name of-
(1) each erson entitled to retired ay under any law pro-
viding retire B pay for commissioned o i!i cers of the Air Force,
-
other than of the Regular Air Force; and
9800302
CHAPTER 869-RETIR1ED GRADE
Sec.
8961. General rule.
8962.
8963.
8964.
8965.
ade not as a result of the member's misconduct.
Higher grade for service in special positions.
Highest grade held satisfactorily: Reserve enlisted members reduced in
Hi f e r grade after 30 years of service: warrant officers and enlisted mem-
Restoration to former grade: retired warrant officers and enlisted mem-
Retired lists.
%em
bers,
8966.
0 8961. General rule
(a) The retired grade of a regular commissioned officer of the
Air Force who retires other than for physical disability, and the re-
tired grade of a reserve commissioned officer of the Air Force who
retires other than for physical disability or for nonregular service
under chapter 1223 of this title, is determined under section 1370
of this title.
(b) Unless entitled to a higher retired grade under some other
&y subsection (a) who retires other than for physical disability re-
rovision of law, a ReguIar or Reserve of the Air Force not covered
tires in the regular or reserve grade that he holds on the date of
his retirement.
(Aug. 10 1956 ch. 1041 70A Stet. 554. Dec. 12, 1980, P.L. 9S613, gMa(lS), 94 Stat. 2917;
Oct. 5, 1894. P i . 103-33$, 0 1674kX2), IO8 Stat. 3016.)
0 8962. Higher grade for service in special positions
Upon retirement, any permanent professor of the United
States Air Force Academy whose grade is below brigadier eneral,
and whose service as such a professor has been long ancfdistin-
guished, may, in the discretion of the President, be retired in the
grade of brigadier general.
(Aug. 10, 1956, ch. 1041, 70A Stat. 564 Sept. 2 1958, P.L. EM61 0 l(197) 72 Stat. 1641. Oct.
P.L. 80-288, 0 6.79 stat. rwd; Sept 8' imo, P.L. 96-343' p imxi) (2) 94 stat ini.
2 2 , ~ ~ .
Dec. 12, 1980, P.L. -513,
$W20), 94 Stat. 6917; Feb. 10, 1996,'P.L. lObi06: ~SOP(cfidX1):
110 Stat. 293.)
8 8983. Highest grade held satisfactorily: Reserve . enlisted
members reduced in grade not as a result of the
member's misconduct
(a) A Reserve enlisted member of the Air Force described in
subsection (b) who is retired under section 8914 of this title shall
be retired in the highest enlisted 'grade in which the member
served on active duty satisfactorily (or, in the case of a member of
the National Gudrd, in which the member served on full-time Na-
tional Guard duty satisfactorily), as determined by the Secretary of
the Air Force.
(b) This section applies to a Reserve enlisted member who-
1
I
1520
980030
1521
(1) at the tim
in the case of a T
National Guard d
listed grade held
time National Gur
(2) was previ
as a result of the
the Secretary of tl
(c) This section a
bers who are retired 1
ber 30, 1996.
(Added P.L. 104-201,6532(cXI
88964. Higher grad
cers and e
(a) Each retired r
(b) who is retired wit
tled, when his active
tals 30 years, to be
grade in which he st
case of a member of
full-time duty satisfa
Air Force.
(b) This section a
(1) warrmt (
(2) enlisted T
(3j reserve e
time of retireme
of members of th
(Aug 10 1966, ch. 1041, 701
P.L. 1080.) bkj,.
8 553(e), od. 19,
0 8966. Restoratior
and enlia
Each retired w:
Force who haa been
missioned grade unc
to the Secretary o f t
vancement, shall, if
tired list to his for
case may be.
(Aug. 10, 1956. th. 1041,701
9 8966. Retired 1 L
(a) The secreta^
containing the narr
.Regular Air Force.
. (b) The Secreta
name of- (1) e a c h r
viding retire 1
other than of tk
-
[THIS PORM IS SUBJECT TO THX PRIVACY ACT OF 1974 - USE BLANKBT PAS - AF PO.RM 888)
I
(see instructlorn on rwerre)
TERMS OF ENLISTMENT AGREEMENT
. I have no claim to a
A. TERM OF ENLlSTMENTlENUSTNENT PAY GRADE. My enlistment In the Regular Air Force{RegqF) is for L y e a r s of active duW. 1
have been munseId on the sir-year euliatment program ahd enlistment grade policy. I am enlisting jh pay grade E- 7
higher grade. I understand my entitlement to W h e r prornoLioos will be in arcordsnce with regulations in eE0cl ut the time
promotion 6nd provisions do not exist to accelerate pro otion due to my prior service or the number ofyears I am enlisting tor. (
B. DATE OF RANK (DOR). If I am enlisting for retraining, have never served in the KegAF.or have beenseparabd fromthe KegAPfor morethan
four years, I underatand my DOR 1s my date of enlistment in the RegAF. If my last Regular component service was &e RegAFand I am enlisting
for directed duty assignment in the same pay grade I was 8eparated from Lhe RegAF, within our years of my data of separation (DOS) from the
RegAF, I m a y be eligible for a DO& adjustment as presc(ibed by appropriata dlrectives.
7
.
months service if I am a (iyear enlistq. I understand I could be assigncd to any or al! of the tasks within my specialty. I also understand the intent of the
Air Force is to ret& me in my specialty for my complete enlistment, however, Air Force needs come fist, and, in the event of mission changer, Air
Forcewide conversions in my. skU;tlisqWtUflciation'froM :n'y.skill, or any other Air Force requirements, the AP Force cannot guarantee tenure fn my
AFS. If I am qnpn:US cMzcn,.J')mderstzkn?l I mustattnih US citbedrhip'to bp eligible for reehlistrncnt.
DD Fomi.4 cannot be changed while I am in the Air Force. My failure to maintain Ah Force standards,
Nmlted roJecurr'ry: cpemtion, ar1pnlng.of weapons) may' result in invotuntary separation or other appropriate action.
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ENLISTMENT AGREEMENT. (d)
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9800302
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A complete copy of the evaluation is attached at Exhibit C. 97-02235 The Retirement Ops Section, AFPC/DPPRR, also reviewed this application and states that applicant is correctly projected to retire in the grade of technical sergeant, which is the grade he is holding on the date of his retirement. c. The applicant’s retirement order, DAFSO AC-014238, 15 Aug 97 (Atch 4), reflects he will be relieved from active duty on 3 1 Jan 98 and retired 1 Feb 98 with 20 years, 05 months, and 23 days for...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). On 9 Jan 92, the applicant pled and was found guilty of stealing and cashing a check belonging to his wife as well as forging his wife’s signature on the check at a special court-martial held at Davis Monthan AFB, Arizona. Applicant is a retired Air Force A1C who is requesting retirement in the grade of staff sergeant (SSgt).
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). Section 8961, Title 10, U.S.C., (Atch 5) states: “Unless entitled to a higher retired grade under some other provision of law a regular or reserve of the Air Force who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.” Again, based on the Comptroller...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C ) . The advisory opinion was forwarded to the applicant f o r review and response (Exhibit D). Enlistment grades were determined by the N P S grade policy and DOR was the date of enlistment in the Regular Air Force.
AF | BCMR | CY2004 | BC-2003-03656
On 6 February 2003, the applicant enlisted and both initialed and signed an AF Form 3006, Enlistment Agreement - Prior Service, stating “I am enlisting in pay grade E-3. We took notice of the applicant’s complete submission in judging the merits of the case; however we agree with the opinion and recommendation of the Air Force office 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. The...
However, in accordance with the provisions of law, the applicant was correctly retired in the grade of SRA, which was the grade he held on the date of his retirement. A complete copy of the evaluation is attached at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluation and states that he is not in agreement with the decision made at this time on his request for highest grade held. THE BOARD DETERMINES THAT: The applicant be notified that the...
AF | DRB | CY2006 | FD2005-00456
NAME OF SERVICE MEMBER (LAST, FIRST M1I)DLE INITIAL) GRADE AFSNISSAN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD TYPE GEN PERSONAL APPEARANCE NAME OF COIINSEL AND OR ORGANlZATlON YES No I X RECORD REVIEW ADDRESS AND OR ORCANlLATlON OF COllNSEL X X : -1 I I I EX&lf4lTs I~&MITTLD TI)+g@E BOARD ORDER APPOTNTTNG 'I I IE BOARD APPI.ICA? During his last term of service (3 years, 3 months, 4 days), the Arizona Air National Guard documented his character of service as general under honorable...
AF | BCMR | CY2006 | BC-2005-03259
Title 10 USC, Section 1407(f)(2)(B), states if an enlisted member was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or an administrative action, unless the member was subsequently promoted to a higher enlisted grade, the computation of retired pay is determined under Title 10 USC, Section 1406, Retired pay base for members who first became members before September 1980: final basic pay. The applicant further contends the demotion was invalid...
AF | DRB | CY2007 | FD2006-00307
NAME OF SERVICE MEMBER (LAST, FIKS'I' MIDDLE INI'I'IAL) CKADE AFSNISSAN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD - - - - - - - - - - - - - - - - - - - - - - - - - a I TYPE GEN 1 Y E S C o L ~ S E ~ n 1 NAME O F COUNSEL AND OR ORGANIZATION PERSONAL APPEARANCE AB I X RECORDREVIEW ADDRESS AND OR ORGANI%A'l'ION O F C'CIIINSEI I 1 I MEMBER S I T T I N G I I HON I GEN VOTE OF THE BOARD I UOTHC I OTHER I DENY 1NL)ES NUMBER A66.00 1 CASENUMBER EXHIBITS SUBMITTED TO THE BOARD 1 I ORDER...
Since the applicant had served on active duty in the higher grade of MSgt from 1 June 1993 through 14 December 1997, an advancement grade determination was required and accomplished at the time of applicant’s request for retirement. A copy of the complete Air Force evaluation is at Exhibit C. The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, also evaluated the case and indicates the demotion action taken against the applicant was procedurally correct and there is no evidence there were...