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AF | BCMR | CY2002 | 0200852
Original file (0200852.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00852
            INDEX CODE:  131.09

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  retirement  pay  grade  advancement  to  staff  sergeant   (E-5),
effective 3 June 2004, be changed to 2003 rather than 2004.
_________________________________________________________________

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  are  at
Exhibit A.

In support of his request, the applicant submits copies of his DD Form
214  and  Special  Orders  No.  AC-021666,  dated  13  Sep  93.    The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 31 January 1994, the applicant was relieved from active duty in the
grade of  senior  airman  (E-4)  under  the  provisions  of  AFR  35-7
(Voluntary Retirement: Reduction-in-Force).  He was retired, effective
1 February 1994, in the grade of E-4 and his name was  placed  on  the
Retired Reserve List until 23 Jan 04.  He had completed a total of  19
years, 7 months and 28 days of active service for retirement; and,  20
years and 8 days of service for basic  pay.   Special  Order  No.  AC-
021666, dated 13 September 1993, reveals that, effective 3 June  2004,
the applicant will be advanced to the grade of E-5 on the USAF Retired
List by reason of completing a total of 30  years  of  active  service
plus service on the Retired List on 2 June 2004.

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 Exhibits C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRR recommends the application be denied.  DPPRR stated that
in Jul 93, while serving in the grade  of  staff  sergeant  (E-5)  the
applicant was given nonjudicial punishment and  reduced  in  grade  to
senior airman (E-4).  It was determined that the  applicant  would  be
advanced to the grade of E-5 on the USAF Retired List, effective 3 Jun
04.  The applicant’s total active federal military service date  is  4
Jun 74; therefore, his advancement date is calculated  as  3  Jun  04.
After a thorough review of the  applicant’s  military  service  dates,
DPPRR indicated that the  retirement  order  in  question  is  correct
according with  Title  10  USC  8964  and  8992.   The  HQ  AFPC/DPPRR
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  12
April 2002 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.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   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 the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   In
view of the above and absent sufficient 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 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 Docket  Number  02-00852
in Executive Session on 15 May 2002, under the provisions of  AFI  36-
2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. Mike Novel, Member
              Mr. John E. B. Smith, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRR, dated 3 Apr 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02.




                                   DAVID W. MULGREW
                                   Panel Chair

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