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AF | BCMR | CY2001 | 0101133
Original file (0101133.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01133
            INDEX CODE:  131.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Rank (DOR)  to  master  sergeant  (E-7)  be  changed  from
1 March 2001 to 1 March 2000, with back pay and allowances.

NOTE:  The applicant’s initial request to have his DOR to E-7  changed
from 1 May 2001 to 1 March 2000 was administratively  corrected  to  1
March 2001 by HQ ARPC (Order BC-0150, dated 31  May  2001).   However,
the applicant has  requested  that  his  application  be  reconsidered
because he believes an injustice still exists with the  corrected  DOR
of 1 March 2001.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told that two E-7 billets had been approved and funded back  in
October 1999.  He was also informed that he  needed  to  get  his  NCO
Academy completed so that he would be eligible for promotion  as  soon
as his name was placed in one of the billets.  He  completed  the  NCO
Academy on 6 January 2000, which would  have  made  him  eligible  for
promotion on 1 March 2000.

In support of his request, the applicant submits a  copy  of  his  NCO
Academy diploma, a copy of a memorandum from an IMA  Program  Manager,
dated 17 Apr 01, and additional documents associated with  the  issues
cited in his contentions.  The applicant’s complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

During the time frame in question, the applicant was a member  of  the
Air Force Reserve.  He was progressively promoted to the Reserve grade
of master sergeant (E-7), with an effective date and date of rank of 1
March 2001.

The remaining 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 at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the  application  be  partially  approved.   HQ
ARPC/DPB stated that the applicant occupied a technical sergeant (E-6)
position until January 2001.   The  implementation  for  the  position
upgrade to master sergeant (E-7) was published  on  18 September  2000
and there is no documentation to prove the establishing of the  higher
graded position was before that date.  The first promotion cycle after
approval of the upgrade to the position  was  1 November  2000.   They
recommended changing the applicant’s Date of Rank (DOR) and  effective
date  to  1  November  2000.   The  HQ   ARPC/DPB   evaluation,   with
attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  5
October 2001 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence  of  probable  error  or  injustice.   After  reviewing  the
applicant’s submission and the evidence of record,  we  are  persuaded
that some relief is warranted.  In this  respect,  we  note  that  the
appropriate Air Force office, HQ USAF/REPX, stated that implementation
for the position upgrade to E-7 was published on  18  September  2000.
In the absence of evidence to the contrary, we are in  agreement  with
the opinion and recommendation of HQ  ARPC/DPB  that  the  applicant’s
date of rank and effective date for promotion  to  the  grade  of  E-7
should be changed to 1 November 2000, which was  the  first  promotion
cycle after the applicant met the promotion criteria.  In view of  the
foregoing, 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 was promoted to the
grade of master sergeant (E-7), Reserve of  the  Air  Force,  with  an
effective date and date of rank of 1 November 2000.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 November 2001, under the provisions of AFI 36-
2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. William E. Edwards, Member
              Mr. Jay H. Jordan, Member

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

   Exhibit A.  DD Form 149, dated 18 Apr 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 27 Sep 01, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 01.




                                   DAVID W. MULGREW
                                   Panel Chair



AFBCMR 01-01133




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 that he was
promoted to the grade of master sergeant (E-7), Reserve of the Air
Force, with an effective date and date of rank of 1 November 2000.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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