RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01745
                                       INDEX CODE:  129.04
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement grade be changed to master sergeant (E-7).
_________________________________________________________________

APPLICANT CONTENDS THAT:

After he retired from the Air Force, he enlisted in the  Ready  Reserve  for
six years.  During his Reserve enlistment, he served more  than  a  year  on
active duty at various times.  On one of those occasions he  was  on  active
duty continuously for more than six months in the grade of master  sergeant.
 Because he served on active duty  in  the  grade  of  master  sergeant,  he
should be advanced to the grade of master sergeant and receive  retired  pay
in the higher grade.

In support  of  his  application,  the  applicant  provides  copies  of  his
honorable discharge certificate from the United  States  Air  Force  Reserve
(USAFR); his DD Form 214, Report of Separation From Active Duty,  issued  by
the USAFR; his active duty retirement order; his letter dated 5 May 2003  to
AFPC/DPPTR; his letter dated 29  May  2003  to  SAF/MRBR;  and  his  Reserve
discharge order.  The applicant’s complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 25 February 1948, the applicant enlisted in the Regular Air Force at  the
age of 17 for a period of three years in the rank  of  private  (E-1).   The
applicant was progressively promoted to the rank of technical  sergeant  (E-
6) effective and with a date of rank of 1 May 1967.  The  applicant  retired
effective 1 August 1971 in the grade of technical sergeant.  He  had  served
20 years, 7 months and 10 days on active duty.

On 2 August 1971, the  applicant  signed  a  DD  Form  1644,  Ready  Reserve
Service Agreement, agreeing to serve in the Ready  Reserve  until  1  August
1974.  He was promoted to the rank of master sergeant effective and  with  a
date of rank of 7 April 1972.  On 3 June 1974, he  signed  a  DD  Form  1644
agreeing to serve in the Ready Reserve until 1  July  1977.   The  applicant
was honorably discharged from the USAFR effective 1 July 1977.   During  the
period 2 August 1971 and 1 July  1977,  the  applicant  served  on  numerous
tours of active duty.  The  applicant  was  honorably  discharged  from  the
USAFR effective 1 July 1977.   The  applicant’s  retirement  credit  summary
dated 27 October 1976, credited the applicant with 24 years, 7  months,  and
11 days of satisfactory service.  There are no other  available  records  to
confirm his satisfactory service through 1 July 1977.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial.  DPPRRP states that Section 8964,  Title  10,
United States Code (USC) allows the advancement of  enlisted  members  (when
their active service plus service on the retired list totals  30  years)  on
the retired list to the highest grade held in which they  served  on  active
duty satisfactorily as determined by the Secretary of the Air Force.   Prior
to 4 December 1987,  this  authority  did  not  apply  to  reserve  enlisted
members of the Air Force who, at the time  of  retirement,  are  serving  on
active duty.  The enactment  of  Public  Law  100-180  stipulated  that  any
person, who completed the 30 years of service (active service  plus  service
on the retired list) prior to 4 December 1987, would not be advanced to  the
higher grade to receive a higher rate of retired pay.   In  the  applicant’s
case, he retired effective 1 August 1971 and completed 30 years  of  service
(active service plus service on the  retired  list)  effective  21  December
1980.  In accordance with Section 8961, Title 10,  USC,  the  applicant  was
correctly retired in the grade of technical sergeant, which  was  the  grade
he held on the date of his retirement.  There are  no  other  provisions  of
law that would allow for advancement of enlisted members.

It is DPPRRP’s opinion that all criteria of  the  pertinent  laws  (Sections
8961 and 8964) have been met in this  regard  and  no  error  or  injustices
occurred in the applicant’s retirement, grade determination, or  advancement
action.  The DPPRRP’s evaluation with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  3
July 2003 for review and response (Exhibit D).   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility that in accordance with Section  8961,  Title  10,  USC,  the
applicant was correctly retired in the grade of  technical  sergeant,  which
was the grade he held on the date of his retirement and that  there  are  no
other provisions of law that would allow  for  advancement  of  him  to  the
grade of master sergeant.  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 this application in  Executive
Session on 27 August 2003, under the provisions of AFI 36-2603:

            Ms. Marilyn Thomas, Vice Chair
            Ms. Mary J. Johnson, Member
            Mr. John B. Hennessey, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-01745
was considered:

      Exhibit A.  DD Form 149, dated 16 May 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRRP, dated 24 Jun 03.
      Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 03.




                                  MARILYN THOMAS
                                                   Vice Chair