RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-04054
            INDEX CODE:  131.00
      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be reviewed and corrected for promotion to  senior  master
sergeant (SMSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was erroneously and unjustly denied promotion opportunity to senior
master sergeant (SMSgt)  and  therefore  was  forced  to  retire.   In
addition, certain conditions were placed  upon  him  for  supplemental
promotion consideration which were against regulations.

He filed a complaint with the  Inspector  General  (IG)  at  the  wing
level.  The review by the IG failed to identify obvious violations  in
the USAF supplemental review.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 10 August 1981, the applicant enlisted in the Regular Air Force  as
an airman basic for a period of four years.

The applicant’s Date Eligible to  Return  from  Overseas  (DEROS)  was
established as June 2001.  In  order  to  meet  the  requirements  for
retirement in September 2001, the  applicant  on,  18  December  2000,
requested a 2-month extension to his DEROS.   The   applicant,  on  19
December 2000, submitted an application for voluntary retirement  with
an effective date of 1 September  2001.   His  extension  request  was
approved.  The applicant’s request for retirement was  approved  on  5
January 2001.  On 19  December  2000,  the  applicant  signed  a  Pre-
Application Checklist  acknowledging  he  understood  the  effects  of
Retirement Application on Promotion Eligibility and  Retirement  under
the 7-Day Option.

The applicant was retired on 1 September 2001.  He served 20 years, 20
days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP1 states in reviewing  the  applicant’s  application  and
records,  they  determined  his  original  DEROS  was  June  2001  and
accordingly, his 25th day of the 8th month would have been in  October
2000.  In September 2000 the applicant extended his date of separation
from June 2001 to June 2002 for the purpose of a permanent  change  of
station move.  The applicant, in December 2000, applied for retirement
and  was  miscounseled  by  the  military   personnel   flight   (MPF)
retirements’ section.  They told him his applying for retirement would
not  affect  his  promotion   eligibility.    Since   his   retirement
application was submitted after the 25th day  of  the  8th  month,  it
automatically rendered the applicant ineligible for promotion.  DPAPP1
deferred recommendation to the promotion section.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPRRP  states  the  applicant’s  retirement  application  was
processed under  the  7-day  option  program,  which  stipulates  that
service members who are assigned overseas who wish to retire  and  are
eligible for retirement, must request a retirement date which  is  the
first day of the month following DEROS.

The applicant,  due  to  applying  for  retirement,  was  required  to
complete   a   Pre-Application   Checklist.   The   applicant,  on  19
December 2000, signed the  Checklist  acknowledging  the  “Effects  of
Retirement Application on Promotion Eligibility” and “Retirement Under
the 7-Day Option.”  His signature acknowledges the fact that he  would
become ineligible for promotion if he applied  for  retirement  on  or
after the 25th day of the 8th month prior to his DEROS.  In order  for
the  applicant  to  remain  eligible  for  promotion,  his  retirement
application needed to be submitted before October 2000, based  on  his
original DEROS of  June  2001.   The  applicant  did  not  submit  his
application for retirement until 19 December 2000, which was after the
25th day of the 8th month prior to his DEROS,  therefore,  making  him
ineligible for promotion consideration.

Section 8961, Title 10, United States Code states, “Unless entitled to
a higher retired grade under some other provision of law, a Regular or
Reserve  of  the  Air  Force…who  retires  other  than  for   physical
disability retires in the regular or reserve grade that  he  holds  on
date of his retirement.”

AFPC/DPPRRP further states no errors or  injustices  occurred  in  the
processing of  the  applicant’s  retirement.   He  was  retired  on  1
September 2001 in the grade he held  on  his  retirement  date.   They
defer to  AFPC/DPPPWB  regarding  promotion  consideration  to  senior
master sergeant (SMSgt).  However, if the Board finds in favor of  the
applicant and determines he should be promoted  they  will  amend  his
retirement order to reflect the grade of SMSgt.

A complete copy of the evaluation is at Exhibit D.

AFPC/DPPPWB states no errors occurred in the applicant’s consideration
for promotion.  The applicant when he applied  for  retirement  on  19
December 2000 was ineligible for promotion consideration in accordance
with promotion policy.  They further  state  if  the  Board  feels  he
suffered an injustice due to miscounseling regarding  his  eligibility
for promotion, the  Board  can  direct  he  be  provided  supplemental
consideration for cycle 01E8 (Exhibit E).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was aware of the 25th day of the 8th month rule.   He  applied  for
retirement and submitted  his  extension  request  at  the  same  time
because this is what he was instructed to do.  He signed the Checklist
because he was under the impression that his extension  request  would
satisfy the 25th day of the 8th month rule since he  had  applied  for
retirement.

He believes it is inaccurate to suggest he was ineligible  because  of
“promotion policy” as suggested by HQ AFPC/DPPPWB.  The Superintendent
of Retirements, MSgt K. S.,  rendered  him  ineligible  for  promotion
because of a bad read on an ill-fated policy.

He did not apply for retirement under the 7-day option.  His  AF  Form
1160 states “This not a seven day option.

The applicant’s complete response is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The applicant was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice warranting supplemental  promotion
consideration to the grade of senior master sergeant.  The applicant’s
contention  that  he  was  miscounseled   concerning   his   promotion
eligibility in conjunction with applying for retirement is duly noted.
 After a careful review of the applicant’s request  and  the  evidence
presented in support of his appeal, we are persuaded the applicant was
a victim of a clear injustice.  The applicant in preparation for  a  1
September  2001  retirement  submitted  a  request  for  a   two-month
extension and a voluntary retirement  application  in  December  2000,
both  requests  were  approved.   The  applicant,  during  a  briefing
regarding his promotion and retirement eligibility,  was  required  to
complete  a  pre-retirement  checklist,  which   stated,   “I   become
ineligible for promotion, if I apply for retirement on  or  after  the
25th day of 8th month prior to my  DEROS.”   The  applicant  requested
clarification of this statement from  the  Retirement  and  Separation
technician and was told that his submitting his retirement application
before 25 December 2000 would not render him ineligible for  promotion
consideration.  In a statement submitted by the technician, she states
she interpreted the 25th day of the 8th month  starting  with  January
2001, counting through August 2001, based on the  fact  the  applicant
was requesting a DEROS extension for two-months from June-August  2001
for a 1 September 2001 retirement.  In the opinion of  the  Board,  we
feel the applicant exhibited due diligence trying to ensure he was  in
compliance  with  policy  regarding  his  promotion   and   retirement
eligibility.  In view of  the  foregoing,  we  believe  the  applicant
suffered an injustice, as a  result  of  the  miscounseling  from  the
Retirement and Separation technician.  Therefore, the Board recommends
the applicant be afforded  supplemental  promotion  consideration  for
cycle 01E8.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT,  be  provided  supplemental  consideration  for
promotion to the grade of senior master sergeant for cycle 01E8.

If  AFPC  discovers  any  adverse  factors  during  or  subsequent  to
supplemental consideration that are separate and apart, and  unrelated
to the issues involved in this application, that would  have  rendered
the applicant ineligible for the promotion, such information  will  be
documented and presented to the board for a final determination on the
individual's qualification for the promotion.

If supplemental promotion consideration results in the  selection  for
promotion to the higher grade, immediately after  such  promotion  the
records shall be corrected to show that applicant was promoted to  the
higher grade on the date  of  rank  established  by  the  supplemental
promotion and that applicant is entitled to all pay,  allowances,  and
benefits of such grade as of that date.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2002-04054 in Executive Session on 27 May 2003, under  the  provisions
of AFI 36-2603:

                 Mrs. Barbara A. Westgate, Chair
                 Mr. Roscoe Hinton, Jr., Member
                 Ms. Carolyn B. Willis, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence was considered:

   Exhibit A. DD Form 149, dated 13 Dec 02, w/atchs.
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, HQ AFPC/DPAPP1, dated 22 Jan 03.
   Exhibit D. Letter, HQ AFPC/DPPRP, dated 21 Feb 03, w/atchs.
   Exhibit E. Letter, HQ AFPC/DPPPWB, dated 3 Mar 03, w/atch.
   Exhibit F. Letter, SAF/MRBR, dated 4 Apr 03.
   Exhibit G. Letter, Applicant, dated 7 Apr 03.




                                   BARBARA A. WESTGATE
                                   Chair







AFBCMR BC- BC-2002-04054
INDEX CODE:  110.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction for 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, SSN, be provided supplemental
consideration for promotion to the grade of senior master sergeant
for cycle 01E8.

      If AFPC discovers any adverse factors during or subsequent to
supplemental consideration that are separate and apart, and
unrelated to the issues involved in this application, that would
have rendered the applicant ineligible for the promotion, such
information will be documented and presented to the board for a
final determination on the individual's qualification for the
promotion.

      If supplemental promotion consideration results in the
selection for promotion to the higher grade, immediately after such
promotion the records shall be corrected to show that applicant was
promoted to the higher grade on the date of rank established by the
supplemental promotion and that applicant is entitled to all pay,
allowances, and benefits of such grade as of that date.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency