RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02050
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Promotion Sequence Number (PSN) to senior master sergeant (E-8) be
reinstated.
_________________________________________________________________

APPLICANT CONTENDS THAT:

In Dec 87, he was inappropriately charged with  being  absent  without
leave (AWOL), which automatically canceled  his  projected  promotion.
On 1 Feb 88, his commanders viewed the charge of AWOL as inappropriate
and, as a result, an Article 15 was removed from his  records  and  he
was reinstated as Postmaster, RAF, Mildenhall.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  These documents are appended at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 11 September 1970.  He was progressively promoted to the  grade  of
master sergeant (E-7), with an effective date and date of  rank  of  1
May 1984.  The following is a resume of his EPR ratings subsequent  to
his promotion to that grade.

            Period Ending    Evaluation

              7 Dec 84 9
              7 Dec 85 9
              7 Aug 86 9
              7 Aug 87 9
             28 Feb 88 8
             25 Aug 88 9
             25 Aug 89 9
             25 Aug 90 5 - Immediate promotion
             15 Jul 91 5
             16 Jul 92 5
              6 Jul 93 5

On 7 Dec 1987, applicant was notified of  his  commander's  intent  to
impose nonjudicial punishment (Article 15) for being absent  from  his
organization from 23 Nov through 29 Nov 87, in  violation  of  Article
86, UCMJ.  Applicant elected nonjudicial punishment under Article  15.
After considering all matters presented to him,  the  commander  found
that the applicant did commit one or more  of  the  offenses  alleged.
The commander imposed punishment consisting of forfeiture of $500  pay
for 2 months; forfeiture of $250  pay  per  month  for  2  months  was
suspended until 27 June 1988, at which time  it  was  to  be  remitted
without further action unless  sooner  vacated.   The  record  of  the
Article 15 was not filed in the applicant’s NCO selection  record  per
the squadron commander’s decision on 21 Dec 87.  However,  on  26  Jan
88, the applicant was notified of his commander’s decision to file the
Article 15 in his Unfavorable Information File (UIF).

On 30 September 1994, the applicant was relieved from active duty  and
retired in the grade of master  sergeant  (E-7),  effective  1 October
1994.  He was  assigned  to  the  Retired  Reserve  Section  until  11
September 2000.  At the time of his retirement,  he  had  completed  a
total of 24 years and 20 days of active service.

The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate  Air  Force  office.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Enlisted Promotion &  Military  Testing  Branch,  HQ  AFPC/DPPPWB,
stated that the applicant was selected for promotion to senior  master
sergeant (E-8) during the  88S8  promotion  cycle.   He  received  the
Promotion Sequence Number (PSN)  of  1326.0,  which  would  have  been
effective 1 Feb 88.  He was charged with being  Absent  Without  Leave
(AWOL) from 23 Nov 87 through 29 Nov 87, which automatically  canceled
his projected promotion.

DPPPWB stated that when the applicant was identified as being AWOL, he
became automatically ineligible for promotion in accordance  with  the
governing regulation.  Records indicate he  was  also  placed  on  the
Control Roster from 27 Jan 88 through 27 Jul 88,  which  was  also  an
automatic ineligible for promotion condition.  He further received  an
Article 15, UCMJ, for being AWOL during this  period.   The  applicant
states the Article 15 was removed  from  his  records,  but  available
records do not address the removal.  On 12 Jul 88, action was taken by
his commander to revoke the charge of AWOL.   The  applicant’s  action
did not warrant a duty status charge of AWOL in  the  context  of  how
AWOL cases are normally  defined  according  to  the  commander.   The
applicant has provided a letter from the deputy base  commander  which
indicates there was some confusion as to which chain  of  command  the
Post Office belonged.  Apparently, this confusion as  to  who  “owned”
the Post Office was related to the fact the applicant was absent for 7
days (DPPPWB is unable to determine the relationship).  The  applicant
has  also  provided  a  proposed  letter  from  the  support  squadron
commander, undated  and  unsigned,  requesting  reinstatement  of  the
projected promotion to E-8.

DPPPWB stated that it would appear the original  charge  of  AWOL  was
revoked.  It is unclear however if the applicant  was  placed  on  the
Control Roster as a result of being charged with AWOL  or  if  it  was
because he was absent from duty for a period of time.  A member who is
reinstated and  becomes  a  selectee  receives  a  date  of  rank  and
effective date on the first day of  the  month  after  the  month  the
commander  began  reinstatement  action  if  the  sequence  number  is
announced before that date.  In the absence of  documentation  to  the
contrary, DPPPWB has no  reason  to  believe  the  applicant  was  not
retired in the correct  grade.   If  the  Board  disagrees,  it  could
promote the applicant to E-8, effective 1 Feb 88, when his  PSN  would
have been incremented.  If the Board should promote him, it would  not
be possible to provide him supplemental consideration to chief  master
sergeant (E-9) as he did not take the required test as he was  serving
in  the  grade  of  E-7.   In  addition,  the  applicant  has   waited
approximately 10 years after the fact to pursue promotion to E-8 and 4
years after retirement.

DPPPWB recommended the applicant’s request be denied (Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  7
September 1998 for review and response.  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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence  of  probable  error  or  injustice.   After  reviewing  the
circumstances of this case, the Board majority believes the  applicant
has been the victim of an injustice.  The  Board  majority  noted  the
statement from the squadron commander regarding the  confusion  as  to
which chain  of  command  the  Post  Office  reported,  the  promotion
reinstatement  request  from  the  deputy  base  commander,  and   the
revocation of the Absent  Without  Leave  (AWOL)  charge.   The  Board
Majority believes that, because of the chain of command confusion, the
applicant was unjustly charged with  being  AWOL,  which  resulted  in
canceling his projected promotion to  senior  master  sergeant  (E-8).
The Board majority is of the opinion that, had the applicant not  been
erroneously charged AWOL, he would have been a selectee for  promotion
to E-8 as scheduled.  In view of the  foregoing,  the  Board  majority
recommends 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 APPLICANT be corrected to show that:

      a.    He was promoted to the grade of senior master sergeant (E-
8), with an effective date and date of rank of 1 February 1988.

      b.    On 30 September 1994, he was relieved from active duty and
retired on 1 October 1994 in the grade of senior master sergeant (E-8)
rather than in the grade of  master  sergeant  (E-7).   The  narrative
reason  for  separation  was  “Voluntary   Retirement”   rather   than
“Voluntary Retirement: Maximum Service or Time In Grade.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 March 1999, under the  provisions  of  AFI  36-
2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Michael V. Barbino, Member
              Mr. Roger E. Willmeth, Member

By a majority vote, Mrs. Westgate and Mr. Willmeth recommended  granting
the relief sought in this application.  Mr. Barbino voted  to  deny  the
applicant's request but did not desire to submit a minority report.  The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 18 Aug 98, w/atch.
   Exhibit D.  Letter, SAF/MIBR, dated 7 Sep 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair



AFBCMR 98-02050
INDEX CODE:  131.00



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed 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 grade of senior master
sergeant (E-8), with an effective date and date of rank of 1 February
1988.

            b.   On 30 September 1994, he was relieved from active
duty and retired on 1 October 1994 in the grade of senior master
sergeant (E-8) rather than in the grade of master sergeant (E-7).  The
narrative reason for separation was “Voluntary Retirement” rather than
“Voluntary Retirement: Maximum Service or Time In Grade.”





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency