RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01339
                                       INDEX CODE:  131.00
      XXXXXXXXXXXXXXXXXXXXX             COUNSEL: NONE

      XXXXXXXXXXXXX                     HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he was  promoted  to  and  retired  in  the
grade the grade of master sergeant (E-7).
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APPLICANT CONTENDS THAT:

He was selected for promotion to master sergeant prior  to  his  retirement.
In March or April 1972, the Air  Force  was  waiving  the  two-year  service
commitment for promotion to six months in an attempt to  reduce  the  number
of E-7s, E-8s and E-9s.  He was selected for an assignment to Hawaii  before
pinning on master sergeant; however,  he  turned  the  assignment  down  for
personal reasons.  In  signing  the  assignment  declination  statement,  he
rendered himself ineligible for promotion and was told he must retire  on  1
March 1973.  Promotion eligibles with his line number  were  promoted  on  1
July 1972.  Had he not been selected for an assignment, he would  have  been
able to pin-on his promotion and with a service commitment waiver, he  would
have been able to retire as a master sergeant.  With his impeccable  service
career, this was an injustice.

In support of his application, he provides a personal statement,  copies  of
his correspondence with  the  Chief  Master  Sergeant  of  the  Air  Force’s
office, a copy of a letter to his congressman, a copy of his  Department  of
Veterans Affairs entitlement decision, copies of  his  performance  reports,
and  copies  of  letters  of   appreciation.    The   applicant’s   complete
submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 20 November 1952, the applicant enlisted in the Regular Air Force at  the
age of 19 for a period of four years in the  rank  of  airman  basic  (E-1).
The applicant was progressively promoted to the rank of  technical  sergeant
effective and with a date of rank of 1 June 1965.  On 11 September 1972,  he
signed an AF Form  1160,  Application  for  Voluntary  Retirement,  with  an
effective date of 1 March 1973.  The applicant  retired  effective  1  March
1973 in the grade of technical sergeant.  He had  served  20  years  and  16
days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.   DPPPWB  states  there  is  nothing  in  the
applicant’s records to indicate  he  had  been  selected  for  promotion  to
master sergeant.  However, records do indicate he signed a permanent  change
of station/temporary duty (PCS/TDY) declination statement  on  31  May  1972
declining to obtain the needed service retainability of  27  months  for  an
assignment to Hawaii.  DPPPWB states this action  would  have  rendered  the
applicant ineligible for promotion in accordance with AFR  39-29,  Promotion
of Airmen,  Table  3,  Rule  O,  dated  23  August  1971.   The  declination
contained the following statement:  “ I certify that I have read  and  fully
understand the applicant portions of AFM 35-16 and AFR 39-29,  and  that  my
signature below renders me ineligible to  enlist  or  reenlist  in  the  Air
Force for 93 days after separation, and renders me ineligible for  promotion
as outlined in AFR 39-29.”

It is DPPPWB’s opinion that the  applicant  made  a  conscious  decision  to
decline obtaining the necessary retainability for an assignment knowing  the
consequences of his decision - loss of promotion eligibility.

The DPPPWB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he is not asking for any monetary  compensation.   He
now receives his retirement through the Veterans Administration.  His only
request is to change the rank on his ID card to reflect  master  sergeant.
The applicant’s rebuttal is at Exhibit E.

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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  probable  error  or  injustice.   Evidence   found   in   the
applicant’s records indicates he signed a PCS/TDY declination  statement  on
31 May 1972, declining to obtain the required service  retainability  of  27
months for an assignment to Hawaii.  Even though there is no  indication  in
the applicant’s records that indicates he  was  selected  for  promotion  to
master sergeant in January 1972, his  decision  to  decline  to  obtain  the
required retainability made him ineligible  for  promotion.   The  applicant
asserts he should be promoted  to  the  grade  of  master  sergeant  because
shortly after  signing  the  declination  statement,  the  Air  Force  began
consideration for reducing promotion service commitments for grades E-7,  E-
8 and E-9 from the  required  two  years  to  six  months.   He  claims  his
selection for assignment prevented him from pinning on master  sergeant  and
having the opportunity to apply for a waiver.  While it  may  be  true  that
subsequent to the time the applicant  declined  his  assignment,  Air  Force
policy concerning  service  commitments  for  promotion  was  changed  (this
assertion  has  not  been  shown  to  our  satisfaction  in  the   available
evidence), in retrospect,  we  do  not  find  such  a  change  benefits  the
applicant since it appears  that  the  consequences  of  his  decision  were
consistent with Air Force policies in effect at that time.  No evidence  has
been provided showing that  the  applicant  was  miscounseled  or  that  his
decision not to obtain the required service retainability for an  assignment
was in any way coerced.  Furthermore, there was  no  guarantee  that  if  he
applied for a service  commitment  waiver,  it  would  have  been  approved.
Therefore, we agree the assessment  by  the  Air  Force  office  of  primary
responsibility and find  no  basis  on  which  to  favorably  consider  this
application.

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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 this application in  Executive
Session on 23 July 2003, under the provisions of AFI 36-2603:

            Mr. Robert S. Boyd, Panel Chair
            Mr. Laurence M. Groner, Member
            Mr. Mike Novel, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-01339
was considered:

      Exhibit A.  DD Form 149, dated 31 Mar 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPWB, dated 29 May 03.
      Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 03.
      Exhibit E.  Applicant’s Rebuttal, dated 9 Jul 03.




                                  ROBERT S. BOYD
                                                   Panel Chair