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

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-04054
            INDEX CODE:  131.00
            COUNSEL:  NO

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant's request for  reconsideration,  he  requests  his  service
retirement date be adjusted to reflect  an  active  duty  retirement  on  or
after 1 September 2004.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  10  August  1981,  as
airman basic for a period of four (4) years.

The applicant's request to have his  records  reviewed  and  considered  for
promotion to senior master sergeant (SMSgt) was granted by the Board  on  27
May 2003.  For an accounting of the facts and circumstances surrounding  the
applicant's request, and the  rationale  of  the  earlier  decision  by  the
Board, see the Record of Proceedings, with attachments, at Exhibit H.

The applicant submitted a letter dated 5 June  2004,  requesting  additional
relief to  his  previous  request  regarding  his  service  retirement  date
(Exhibit J).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWM states by direction of the Air Force  Board  of  Correction  for
Military Records (AFBCMR) the applicant was  supplementally  considered  for
promotion to SMSgt by the 01E8 promotion  board.   The  applicant’s  records
were reviewed and selected for promotion to SMSgt.  They further  state  had
the applicant remained  on  active  duty  he  would  have  been  assigned  a
Promotion Sequence Number (PSN)  759.9,  with  a  date  of  rank  (DOR)  and
effective date of  1  September  2001.   However,  due  to  the  applicant’s
retirement being effective 1 September 2001,  an  administrative  correction
to his records was not possible.  They further state for  the  applicant  to
assume the grade of SMSgt with an effective date of 1  September  2001,  his
record would need to be corrected to reflect  he  did  not  retire  until  1
September 2003, after  completion  of  the  two  year  active  duty  service
commitment.  Furthermore, the applicant would have to return to active  duty
to receive any additional supplemental promotion consideration.

A complete copy of the evaluation is at Exhibit K.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states,  at  a  minimum,
he should be granted the promotion he earned and his records be adjusted  to
reflect his retirement date as 1  September  2003.   He  truly  believes  he
should receive full compensation for the promotion and a date adjustment  to
1 September 2004 (Exhibit M).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of an error or an injustice warranting partial relief.  Since  the
applicant was apparently miscounseled regarding  his  promotion  eligibility
in conjunction with applying for retirement, he  was  provided  supplemental
promotion consideration through the correction of records  process  and  was
selected for promotion to the grade of senior  master  sergeant.   According
to the office of primary  responsibility  (OPR),  since  the  applicant  has
retired, in order to assume the higher grade, he  would  need  to  have  his
retirement date extended until 1 September 2003 to accommodate the  two-year
active  duty  service  commitment  (ADSC).   However,  the   applicant   has
requested  his  records  be  corrected  to  reflect   retirement   effective
1 September 2004, but does not wish to return  to  active  duty.   While  we
agree the applicant should be afforded the opportunity to assume the  higher
grade, we disagree both with  the  OPR  and  the  applicant  concerning  the
amount of additional active service he should be awarded.  In this  respect,
we note at the time the applicant voluntarily retired in  2001,  he  had  20
years and 21 days of total active service; however, as  a  master  sergeant,
he could have chosen to remain on active duty  until  he  had  24  years  of
active service.  For personal reasons, he chose to retire as soon as he  was
eligible.  Further, having been off active duty for nearly three  years,  it
is not surprising the applicant would not elect to  return  to  active  duty
and compete for promotion  to  chief  master  sergeant  with  no  record  of
performance or experience as a senior master sergeant.   Having  said  that,
however, we do not believe that  equity  or  justice  requires  that  he  be
allowed to pick a retirement  date  solely  for  his  convenience.   To  the
contrary, we believe the applicant should  be  provided  a  retirement  date
requiring the least amount of active duty credit, in this case a  waiver  of
the two-year  ADSC.   Except  where  necessary  to  validate  a  retroactive
promotion to a higher grade, any further military service beyond that  date,
in our view, would constitute an unwarranted expenditure  of  public  funds.
We find no compelling  reason  to  grant  him  additional  unserved  service
beyond the date he could retire in the higher grade.  The applicant will  be
entitled  to  back  pay  and  allowances,  and  any  other  entitlements  as
determined by the Defense Finance and  Accounting  Service  based  upon  the
language of the correcting directive.  In arriving at our decision,  we  are
aware the courts have held we have an abiding moral  sanction  to  determine
what constitutes an error or injustice and to take step to  grant  full  and
fitting relief.  In view of the  foregoing,  we  recommend  the  applicant’s
records be corrected to the extent 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:

a.    The  applicant  was  not  released  from  the  Regular  Air  Force  on
31 August 2001 and retired for length of service on 1  September  2001,  but
on that date he continued to serve on active duty.

b.    He was promoted to  the  grade  of  senior  master  sergeant  (SMSgt),
effective and with a date of  rank  of  1 September  2001  and  any  service
commitment he incurred was waived by competent authority.

c. On 30 September 2001, he was released from active duty and  on  1 October
2001, he was retired for length of service in the  grade  of  senior  master
sergeant.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2002-
04054 in Executive Session on 23 July 2004, under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Steven A. Shaw, Member
                 Mr. John E. Pettit, Member

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

      Exhibit H. Record of Proceedings, dated 29 Jul 03, w/atchs.
      Exhibit I. Letter, SAF/MRB Directive dated 29 Jul 03.
      Exhibit J. Letter, Applicant’s Reconsideration Request,
            dated 5 Jun 04, w/atchs.
      Exhibit K. Letter, HQ AFPC/DPPPWM, dated 7 Jun 04.
      Exhibit L. Letter, AFBCMR, dated 10 June 04, w/atch.
      Exhibit M. Letter, Applicant’s Response, dated 21 Jun 04,
            w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair




AFBCMR BC-2002-04054



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                , be corrected to show that:

            a.   The applicant was not released from the Regular Air Force
on 31 August 2001 and retired for length of service on 1 September 2001,
but on that date he continued to serve on active duty.

                 b.          He was promoted to the grade of senior master
sergeant (SMSgt), effective and with a date of rank of 1 September 2001 and
any service commitment he incurred was waived by competent authority.

                 c.    On 30 September 2001, he was released from active
duty and on 1 October 2001, he was retired for length of service in the
grade of senior master sergeant.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency