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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