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AF | BCMR | CY2002 | 0202114
Original file (0202114.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02114
            INDEX CODE:  131.09

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His effective date for advancement to a higher grade be  changed  from
12 July 2010 to 12 July 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the time he served in the Army Guard was not considered in
calculating his years of service.  The time  he  served  in  the  Army
Guard would give him the 30 years of service as of 12 July  2003.   He
then would receive his E-6 grade in July 2003 versus  July  2010.   He
knows of another person who  retired  from  the  same  base  and  this
person's Army and Air Force time was  combined  and  totaled  over  30
years and the person received his grade of E-7.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Army National  Guard  from  27  June  1970
through 26 June 1976, and 29 August 1979 through 19 April 1981.

The applicant retired from the Air National Guard on  1  August  2000.
His has 20 years and 19 days of Total Active Federal Military  Service
(TAFMS) and 26 years and 11 days of  longevity  service  (Service  for
base pay).

The applicant was administratively demoted from technical sergeant  to
staff sergeant in 1997 for failure to meet  the  requirements  of  the
Weight Management Program (WMP).

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.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP states  the  applicant's  totals  include  all  time  served,
including his service in the Army National Guard.  Pursuant  to  Title
10, U.S.C., Section 8964, retired enlisted members of  the  Air  Force
who were on active duty at the time of  retirement  and  retired  with
less than 30 years of active service are entitled to  be  advanced  on
the retired list to the highest grade  held  satisfactorily  while  on
active duty when their  active  service  plus  their  service  on  the
retired list totals 30 years.  The applicant has  completed  20  years
and 19 days TAFMS and therefore must complete 9 years, 11  months  and
11 days on the retired list before he can be advanced to the grade  of
technical  sergeant.   Therefore,  they  recommend   denial   of   the
application (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6
September 2002, for review and response.  As of this date, no response
has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  Applicant’s contentions are duly
noted; however, we agree with the opinion and  recommendation  of  the
Air Force and adopt their rationale as the basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.
It  appears  that  the  applicant  was  properly  credited  with   the
appropriate service.  Based on  the  information  in  the  applicant's
records, it appears his effective date for advancement on the  retired
list was calculated in accordance with governing law  and  AF  policy.
Therefore, in the absence of 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 AFBCMR Docket Number 02-
02114 in Executive Session on 15 October 2002, under  the  provisions
of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Marcia J. Bachman, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 May 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPPP, dated 3 Sep 02.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 02.




                                        RICHARD A. PETERSON
                                        Panel Chair

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