ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2001-01286

            COUNSEL:  MR. JOHN E. TUTHILL

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration he  is  requesting  that  his
records be corrected  to  reflect  advancement  to  the  grade  of  captain,
effective 10 February 1982.
_________________________________________________________________

STATEMENT OF FACTS:

During the period under review, the applicant maintained dual status  as  an
enlisted member on active duty and as an officer in the Air Force Reserve.

The applicant’s Total  Federal  Commissioned  Service  Date  (TFCSD)  is  20
February 1947.

On 20 February 1947, the applicant was appointed a second lieutenant  (2LT),
Air-Reserve, in the Officers’  Reserve  Corps  (ORS),  Army  of  the  United
States.  On 9 April 1951, he was relieved from his  Reserve  assignment  and
appointed in the Air Force of the United States.  He  was  promoted  to  the
temporary grade of 2LT, Regular Air Force, on 13  April  1951,  and  to  the
temporary grade of first lieutenant (1LT) on 30 October  1952,  Regular  Air
Force.  The applicant was released from active duty in the grade of  1LT  on
4 July 1953 and transferred to  the  Air  Force  Reserve.   The  applicant’s
Statement  of  Service  shows  no  active  duty  performed  in   a   Reserve
commissioned status subsequent to 6 August 1956.  On 4 January  1957,  while
in an inactive Reserve status, he was promoted  to  the  grade  of  captain,
Reserve of the Air Force, with an indefinite term appointment.

While assigned to the  Nonaffiliated  Reserve  Section  (NARS)  at  the  Air
Reserve Personnel Center, the applicant enlisted in the  Regular  Air  Force
on 27 June 1957 in the  grade  of  airman  third  class.   He  continued  to
reenlist, with his last reenlistment on 27 June 1966 for  a  period  of  six
years in the grade of technical sergeant. He was progressively  promoted  to
the grade of master sergeant, with an effective date and date of rank  of  1
July 1968.

While in NARS (Standby reservists not  normally  involved  actively  in  any
Reserve participation programs - eligible for promotion), the applicant  was
promoted to the grade of major, Reserve of the Air Force, effective  1 April
1964.  On 5 August 1968, he was relieved from NARS and  transferred  to  the
Ready Reinforcement Personnel Section (RRPS) at the  Air  Reserve  Personnel
Center (this section consists of reservists in  a  ready  status  without  a
unit affiliation, Reserve participation is not required  while  on  Extended
Active Duty (EAD) - eligible for promotion).  In 1971, he was relieved  from
RRPS and transferred to NARS.

On 31 May 1972, the applicant was relieved from active duty and  retired  in
the grade of master sergeant (E-7) on 1  June  1972.   He  had  completed  a
total of 20 years, 3 months and 21 days of active  service  for  retirement.
Retirement Order AC-5436, dated 14 February 1972, reveals that he  held  the
Reserve grade of Major, with 1LT as the highest grade held while  on  active
duty and that he was assigned to the Retired Reserve List.

Title 10, United States Code, Section 8964, entitles retired  airmen  to  be
advanced to the highest grade satisfactorily held for at  least  six  months
while on active duty as determined by the Secretary of the  Air  Force.   On
23 April 1976, the Secretary of the  Air  Force  Personnel  Council  (SAFPC)
made the determination  that  the  applicant  did  serve  satisfactorily  on
active duty in the grade of 1LT and directed that  he  be  advanced  to  the
grade  of  1LT,  effective  10 February  1982.   On  10 February  1982,  the
applicant was advanced to the grade of 1LT  on  the  USAF  Retired  List  by
reason of completing a total of 30 years of  service  plus  service  on  the
retired list.

A similar appeal requesting his records be corrected to reflect  advancement
to the grade of major,  effective  10  February  1982,  was  considered  and
denied  by  the  Board  on  29 August  2001.   A  summary  of  the  evidence
considered by the Board and the rationale for its decision is set  forth  in
the Record of Proceedings, AFBCMR Docket Number 01-01286, which is  attached
at Exhibit F.

On 1 October 2001,  the  applicant’s  request  for  reconsideration  of  his
application,  submitted  through  his  congressman,  was  denied  (Refer  to
Exhibit G).

In the  applicant’s  most  recent  request  for  reconsideration,  submitted
through his congressman, he contends that his Statement of Service, DD  Form
13, is missing active duty service while serving in the  grade  of  captain.
To support this assertion, the applicant provided copies of  his  Individual
Flight Records (AF Forms 5) which he believes reflects service performed  in
the grade of captain and copies of additional correspondence concerning  the
issue under review.  The applicant’s complete submission is at Exhibit H.
_________________________________________________________________

AIR FORCE EVALUATION:

Pursuant to the Board’s request for an  audit  of  the  applicant’s  service
record, HQ AFPC/DPPAOR reviewed the applicant’s master personnel record  and
found the DD Form 13, Statement of Service, to be correct.   DPPAOR  located
the actual document (AF Form 190, USAF Reserve Personnel Record Card --  For
Retention, Promotion and Retirement) used to record the applicant’s  Reserve
service participation.  DPPAOR states that this document covers  the  period
from 1 July 1956 to 30 June 1957, the period that is in  question  regarding
active duty service credit.  During this period, there is  only  one  active
duty service participation from 23 July 1956 to 6 August 1956 that  accounts
for 15 points, which is reflected on the DD Form 13.  The  remaining  credit
was 89 points for inactive duty service participation.  The total amount  of
points for the whole year was 104.  Comparing  the  dates  annotated  on  AF
Form 5, Individual Flight Record (PILOT), against the dates annotated on  AF
Form 190, DPPAOR finds the dates match (except  for  20  January  1956)  the
credit received for inactive duty service participation.   DPPAOR  finds  no
error was made on the credit the applicant received for active duty  service
participation in the Air Force  Reserve.   The  HQ  AFPC/DPPAOR  evaluation,
with attachment, is at Exhibit I.


HQ  AFPC/DPPRRP  provided  the  following  comments  concerning   retirement
processing  actions.   DPPRRP  states  that,  based  on  the  fact  that  HQ
AFPC/DPPAOR has verified the validity of the  DD  Form  13,  their  previous
advisory is correct and recommends the applicant’s request  be  denied.   At
the time the applicant retired, he held the Reserve grade of major, but  had
never served on active duty  in  any  higher  grade  than  first  lieutenant
(1LT).  The DD Form 13 reflects applicant’s active duty  service  and  shows
he held the grade of 1LT on active duty  from  30  October  1952  to  4 July
1953.  The active duty service that is in question  for  the  period  of  23
July 1956 to 6 August 1956 was in  the  grade  of  1LT;  applicant  was  not
promoted to captain until 4 January  1957.   The  applicant  had  continuous
active duty from 27 June 1957 to 31 May 1972,  but  was  serving  on  active
duty in  enlisted  status  and  retired,  effective  1  June  1972.   DPPRRP
indicates that the law which allows for advancement of enlisted  members  of
the Air Force, when their active service plus service on  the  retired  list
totals 30 years, is very specific in its application and intent.  There  are
no other provisions of law that would  allow  for  advancement  of  enlisted
members for inactive service.  All criteria of the pertinent  laws  (Section
8964 and 8992) have been met in this regard and no error  or  injustices  in
the applicant’s retirement, grade determination or advancement action.   The
HQ AFPC/DPPRRP evaluation, with attachments, is at Exhibit J.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Having been provided  the  advisory  opinions,  the  applicant  submitted  a
personal statement for the Board’s review in which he believes the  advisory
writer compared his individual flight records for the wrong  year.   He  has
provided another copy of his individual flight records, covering the  period
from January 1957 to  June  1957,  for  the  Board’s  review.   The  records
reflect he was on active duty  as  a  captain  during  the  time  period  in
question.  The applicant’s review, with attachments, and  the  congressional
inquiry are at Exhibit L.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal, we remain unpersuaded that the applicant’s records should  be
corrected to reflect advancement to the  grade  of  captain.   In  his  most
recent submissions, the applicant asserts that his  flight  records  clearly
indicate he was on active duty during the period January  -  June  1957  and
that, during this time frame, he held the grade of  captain.   Although  his
flight records during the period in question reflect the  grade  of  captain
and that, on 26 June 1957, he was separated from active Reserve to  inactive
Reserve, this, in and by itself, does not substantiate that he  was  serving
on active duty.  In this  respect,  we  compared  applicant’s  USAF  Reserve
Personnel Record Card -- for Retention, Promotion and  Retirement  (AF  Form
190) against his Individual Flight Records (AF Forms 5)  during  the  period
under review.  We note applicant’s AF Form 190, which is the  document  used
to record Reserve service participation, only  credits  the  applicant  with
being on active duty during the  period  23 July  to  6  August  1956.   The
remaining timeframe of 7 August 1956 to 26 June 1957  reveals  that  he  was
credited with inactive duty training  points,  with  no  active  duty  point
credit.  In view of the  foregoing,  it  is  our  opinion  that,  while  the
applicant was actively participating in the Air Force Reserve in  the  grade
of captain, he was in an inactive duty status while performing his  training
during the period in question.  After thoroughly reviewing all the  evidence
presented, we are convinced that the highest grade in  which  the  applicant
served, while on active duty, was as a first lieutenant.  We  have  seen  no
evidence that shows to our satisfaction  the  applicant  met  the  statutory
requirements for advancement to the higher grade  of  captain  on  the  USAF
Retired List.  Accordingly, in view  of  the  above  and  absent  sufficient
evidence to the contrary, we have no basis on which  to  favorably  consider
the requested relief.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 24 July 2003, under the provisions of AFI 36-2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Mr. Roscoe Hinton Jr., Member
      Mr. E. David Hoard, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2001-01286.

      Exhibit F.  Record of Proceedings, dated 4 September 2001,
                with Exhibits.
      Exhibit G.  Congressional Inquiry, dated 28 September 2001,
                with attachments.
      Exhibit H.  Congressional Inquiry, dated 23 October 2001,
                with attachments.
     Exhibit I.  Letter, HQ AFPC/DPPAOR, dated 19 August 2002,
                 with attachment.
      Exhibit J.  Letter, HQ AFPC/DPPRRP, dated 23 August 2002,
                with attachments.
      Exhibit K.  Letter, SAF/MRBR, dated 30 August 2002.
      Exhibit L.  Applicant’s Letter, dated 16 September 2002,
                with attachments, and a Congressional Inquiry,
                dated 8 October 2002, with attachments.




            FREDERICK R. BEAMAN III
            Panel Chair