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AF | BCMR | CY1999 | 9801727
Original file (9801727.doc) Auto-classification: Denied

                        RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01727

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.    His assignment declination statement be declared void.

2.    His Promotion Sequence Number (PSN) for  promotion  to  the  grade  of
senior master sergeant (E-8) be reinstated.

3.    He be given the option of reinstatement on active duty.


APPLICANT CONTENDS THAT:

He was denied due process in his  assignment  selection  because  his  Short
Tour Return Date (STRD) was changed without his knowledge.

The applicant states that following an audit of his personnel records,  AFPC
made a significant change to his  assignment  history  which  triggered  his
short tour assignment selection.   Neither  he  or  the  Military  Personnel
Flight (MPF) were notified of the change to his assignment history.   He  is
not questioning the  validity  of  the  change  to  his  STRD;  however,  he
believes that by not affording him due process, the system  has  back-fired.
He received a two-month notice of a remote assignment to Korea.  He  elected
to retire, rather than leave his wife to shoulder the additional burdens  of
an  out-of-cycle,  short  notice  PCS.   He  would  have  taken  the  remote
assignment, had he known sooner about  the  adjustment  to  his  short  tour
date.

In support of the  appeal,  the  applicant  submits  a  statement  from  the
Commander, Headquarters Oklahoma City  Air  Logistics  Center  (AFMC).   The
commander states that there is no question that returning the  applicant  to
active duty and allowing his promotion would benefit  the  Air  Force.   The
commander also states that manning in the Air Traffic Control  career  field
is critically low.

The applicant’s complete submission is attached at Exhibit A.




STATEMENT OF FACTS:

While assigned  to  Galena  AFB,  Alaska,  the  applicant’s  request  for  a
humanitarian assignment  to  Bergstrom  AFB,  Texas  was  approved  and  his
assignment was curtailed after serving 152 days.  His STRD  was  erroneously
updated to reflect completion of a short tour for his assignment  at  Galena
AFB, as he had not completed the required 181 days.

On 10 January 1998, the applicant was notified of a  short  tour  assignment
to Osan AB, Korea and declined the assignment.

On 15 January 1998, he submitted an application  for  voluntary  retirement,
effective 1 June 1998.  At the time of his retirement application, his  High
Year of Tenure (HYT) was 1 July 2001 (24 years of active service).

On 20  February  1998,  promotion  selections  for  cycle  98E8  were  made.
Although the applicant  was  ineligible  for  promotion  consideration,  his
assignment declination had not yet processed to the promotion file  at  AFPC
and he was erroneously selected for  promotion  with  a  Promotion  Sequence
Number of 889.0.   Upon  promotion  data  verification,  the  applicant  was
removed from the promotion list.

The applicant retired for sufficient service for retirement in the grade  of
master sergeant (E-7) on 1 June 1998.  He completed  20  years,  10  months,
and 18 days of active service.


AIR FORCE EVALUATION:

The  Superintendent,  Assignment  Procedures,  AFPC/DPAPP1,  reviewed   this
application and states that they could not give  the  applicant  short  tour
credit based solely on the incorrect  STRD  he  was  given  in  1990.   They
cannot in good faith award short tour  credit  based  on  the  152  days  he
served in Alaska.  To do otherwise, would be providing an injustice  to  all
of the Air Force members that did not  receive  this  entitlement  and  also
served less than the required 181 days.   At  the  time  the  applicant  was
given his assignment to OSAN AB, he made a  conscious  decision  to  decline
the assignment in writing by accomplishing  a  PSC  Declination.   The  fact
that his STRD was corrected  in  1996  should  not  be  the  basis  for  his
actions.  Therefore, they do not recommend removal of  the  PCS  Declination
statement.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The Chief Inquiries/AFBCMR Section, AFPC/DPPPWB, reviewed  this  application
and states that a career airman  who  declines  to  extend  or  reenlist  to
obtain service retainability for a Permanent  Change  of  Station  (PCS)  is
automatically ineligible  for  promotion  consideration.   Because  his  PCS
declination had not processed to the promotion  file  when  selections  were
made, he was  erroneously  selected  for  promotion.   Once  the  assignment
declination was processed, the erroneous promotion was canceled.  They  note
that the declination form contains a statement  informing  the  member  that
he/she becomes ineligible for both promotion  and  reenlistment  by  signing
the form.  Therefore, they recommend denial of his requests.

A complete copy of the Air Force evaluation is attached at Exhibit D.

The Retirements Branch, AFPC/DPPRR, reviewed  this  application  and  states
that Title 10, United  States  Code,  Section  8961,  states  that,  “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  was  master
sergeant.   The  applicant’s  application  for  retirement   was   processed
correctly.  Therefore, they recommend denial of his request.

A complete copy of the Air Force evaluation is attached at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 14 September 1998, for review  and  response  within  30  days.
However, 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinions and recommendations of the Air  Force  and  adopt
their rationale as the basis for our 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.


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 28 January 1999, under the provisions of AFI 36-2603:

                  Mr. Douglas J. Heady, Panel Chair
                  Mr. Gregory W. DenHerder, Member
                  Mr. James R. Lonon, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 23 Apr 98, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPAPP1, dated 17 Jul 98.
      Exhibit D.  Letter, AFPC/DPPPWB, dated 20 Jul 98, w/atchs.
      Exhibit E.  Letter, AFPC/DPPRR, dated 3 Sep 98, w/atchs.
      Exhibit F.  Letter, SAF/MIBR, dated 4 Sep 98.




             DOUGLAS J. HEADY
                                  Panel Chair

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