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AF | BCMR | CY1999 | BC-1997-02874
Original file (BC-1997-02874.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-02874
            INDEX CODE: 129.04

            COUNSEL:  None

            HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement grade be changed from  staff  sergeant  (SSgt)  to  technical
sergeant (TSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Senior Reserve Advisor, SAF Personnel Council, reviewed the  application
and states that normally the burden of proof is on  the  member  to  provide
the information required to make the proper decision, but in  this  case  he
should not be penalized for information not in  his  master  records.   They
opined he did not meet the meaning of Section 8964, Title  10,  USC.   There
was no evidence to indicate why he was demoted from  the  rank  of  TSgt  or
were  there  performance  reports  to  indicate  there  was  no   derogatory
information/administrative actions given to the applicant  during  the  time
he  held  the  rank  of  TSgt.   They  recommend  that  the  AFBCMR  request
information from the applicant
to verify he served in the grade satisfactorily.  If  the  Air  Force  Board
for Correction of Military Records (AFBCMR) determines  that  the  applicant
was demoted voluntarily (without cause) to enter active duty,  their  advice
would be for the AFBCMR to advance the applicant to the rank of TSgt at  the
30-year point.

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

The  Retirements  Ops  Section,  Directorate  of   Pers   Prog   Management,
AFPC/DPPRR, reviewed the application and states that based on  the  lack  of
evidence   that   the   applicant   performed   either   satisfactorily   or
nonsatisfactorily in the grade of TSgt (i.e.,  performance  evaluation),  it
is very difficult to recommend  approval  or  disapproval.   If  the  board,
after reviewing the application and  master  personnel  records,  determines
the applicant served satisfactorily on active duty in  the  grade  of  TSgt,
they have  no  objection  to  preparing  advancement  orders  to  show  this
decision.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states  that  upon  re-
entering active duty in 1982 the recruiter said there  were  no  E-6  (TSgt)
slots available for aircraft maintenance personnel at that particular  time,
but there were E-5 (SSgt) positions open.

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.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  The Air  Force  states  that  the
applicant did serve on active duty  with  the  Reserves  for  a  period  11½
months in the grade of  technical  sergeant  (TSgt).   The  Air  Force  also
states that none of the information that would  normally  be  available  and
which would be forwarded to the SAF Personnel Council for  consideration  in
the
satisfactory grade determination process is  available  in  the  applicant’s
master personnel  records.   The  applicant  states  that  upon  re-entering
active duty the recruiter said there were no TSgt (E-6) slots available  for
aircraft maintenance personnel at  that  time  but  there  were  SSgt  (E-5)
positions open.  After reviewing the  available  records  and  documentation
submitted with this appeal, the Board is of the opinion that  the  applicant
upon re-entering active  duty  accepted  an  E-5  position  because  of  the
unavailability of a  TSgt  (E-6)  position.   Therefore,  we  recommend  the
applicant's records be corrected to the extent 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 he be advanced on the  retired  list
to the grade of technical sergeant, effective 7 October 2006.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 February 1999, under the provisions of AFI 36-2603:

              Ms. Charlene M. Bradley, Panel Chair
              Mr. Mike Novel, Member
              Mr. Philip Sheuerman, Member
              Ms. Gloria J. Williams, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 September 1997, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRR, dated 19 November 1997.
   Exhibit D.  Letter, SAFPB, dated 13 November 1998.
   Exhibit E.  Letters, AFBCMR, dated 8 December 1997 and
               19 November 1998.
   Exhibit F.  Applicant’s Response, undated.





                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR 97-02874




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 he be advanced on the
retired list to the grade of technical sergeant, effective 7 October 2006.






                                                                    JOE G.
LINEBERGER

Director
                                                                    Air
Force Review Boards Agency

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