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AF | BCMR | CY2003 | BC-2002-03301
Original file (BC-2002-03301.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03301
            INDEX CODE:  131,04

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

Reinstatement of his original line number (2885) for promotion to  the
grade of master sergeant (E-7) during cycle 01E7,  with  his  original
date of rank (DOR) and effective date of 1 Dec 01.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His  line  number  was  reinstated;  however,  his  original  DOR  and
effective date were not reinstated.

He should receive his original DOR and effective date because  he  was
given incorrect information from several offices  concerning  policies
for reinstatements during Stop Loss.

In support of his request, the applicant  submits  copies  of  letters
from HQ ACC/DP, 97IS/CC, 55 MSS/DPM and  numerous  e-mails  concerning
his promotion, 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:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
12 Aug 82.  The applicant’s most recent reenlistment was on 12 Aug  02
for a period of 4 years.  He is currently serving on  active  duty  in
the grade of master sergeant (E-7), with an effective date and date of
rank of 1 May 02.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be  denied.   DPPPWB  stated
that the applicant was selected for promotion to master sergeant (E-7)
(promotions effective Aug 01 Jul 02), with a promotion sequence number
of 2885, which incremented 1 Dec 01.  However, he chose to decline the
promotion in lieu of retirement.  He subsequently became  affected  by
Stop Loss and was not allowed to retire.  DPPPWB  stated  that,  under
normal circumstances, members who decline promotion are not given  the
opportunity to have their line  numbers  reinstated.   However,  those
affected by Stop Loss were treated as exceptions to policy,  but  only
in the fact that their line numbers could  be  reinstated,  not  their
original DOR and effective  date.   The  applicant  made  a  conscious
decision to decline his promotion.  Had he not been affected  by  Stop
Loss, he would have retired as a technical sergeant  (E-6).   However,
an exception to policy was granted to  all  individuals  in  his  same
situation, all aware of the fact that they  would  not  receive  their
original DOR and effective date.  It is unfortunate that the applicant
received incorrect information regarding  his  reinstatement,  but  it
would not be fair and equitable to others with  similar  circumstances
to  approve  his  request.   The  HQ  AFPC/DPPPWB   evaluation,   with
attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  submitted  a  letter  of  support  from  his   current
commander.  The applicant’s complete submission, with attachments,  is
at Exhibit E.
_________________________________________________________________

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 error or injustice.  Based on evidence presented, as well
as the support from his superiors, it is  the  opinion  of  the  Board
majority that the applicant was misinformed of the consequences  prior
to declination of his promotion and therefore based  his  decision  to
decline his promotion  on  the  compelling  information  he  received.
Inasmuch as the applicant was  miscounseled  regarding  his  promotion
reinstatement,  the  Board  majority  believes  that  the  applicant’s
original date of rank for master sergeant should be restored.  In view
of the above and  in  an  effort  to  remove  any  possibility  of  an
injustice, the Board majority recommends that the applicant’s  records
be corrected as 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), with an effective date and the date or
rank of 1 December 2001.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 January 2003, under the provisions of AFI  36-
2603:

                  Mr. Edward C. Koenig III, Panel Chair
                  Ms. Martha Maust, Member
              Mr. John E. Pettit, Member

By a majority vote, the Board recommended granting the  relief  sought
in this application.  Mr. Pettit voted to deny the applicant's request
but did not  desire  to  submit  a  minority  report.   The  following
documentary evidence was considered in connection with  AFBCMR  Docket
Number 02-03301.

   Exhibit A.  DD Form 149, dated 4 Oct 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 23 Oct 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 02.
   Exhibit E.  Letter from Applicant, dated 31 Dec 02, w/atchs.




                                   EDWARD C. KOENIG III
                                   Panel Chair



AFBCMR 02-03301




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 he was promoted
to the grade of master sergeant (E-7), with an effective date and the
date or rank of 1 December 2001.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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