RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03223
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His retired  grade  of  technical  sergeant  (TSgt)  be  changed  to  master
sergeant (MSgt) and he receive the United States flag due to retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When  he  received  his  retirement  certificate  (DD  Form  363AF)  and   a
certificate of appreciation (DD Form 2542), they both  reflected  his  grade
as MSgt; however his DD Form 214 (Certificate of Release or  Discharge  from
Active Duty) reflects TSgt.  He indicates that  he  never  received  a  test
score after testing for staff sergeant.  His supervisor at the  time  stated
that since he did not receive a score, he did not make promotion.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the National Personnel Record  Center  (NPRC)  the  applicant’s
military  personnel  records  are  lost.   The  following  information   was
obtained from his DD Form 214.

The applicant enlisted in the Regular Air Force on 26 September 1977.

On 30 September 1997, the applicant was relieved from  active  duty  and  on
1 October 1997, the applicant retired in the  grade  of  technical  sergeant
under the provisions of AFI 36-3203 (Maximum Service or Time In Grade).   He
served 20 years and 5 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB  recommended  denial.   They  indicated  that  the   applicant’s
records  reflect  he  was  retired  in  the  grade  of   TSgt,   last   duty
assignment/major command  (MAJCOM)  of  SATAF  (ESC),  and  stationed  where
separated at Nellis AFB, NV (DD Form 214).  The  retirement  certificate  he
provides reflects a retirement date of 1 October  1998  (a  year  after  his
retirement date of 1 October 1997).  Although there is  no  social  security
number on either the retirement certificate or certificate of  appreciation,
they must assume that the  documents  sent  to  the  applicant  belonged  to
another military member with the  same  name.   Since  the  promotion  files
reflect the applicant was never promoted to  the  grade  of  MSgt  prior  to
retirement and the DD Form 214 reflects his grade as TSgt, they must  assume
he was retired in the correct grade - TSgt.

The evaluation is at Exhibit C.

AFPC/DPPRRP recommended denial.  They indicated  that  the  applicant  never
held the grade of MSgt and is  not  entitled  to  a  U.S.  flag  because  he
retired on 1 October 1997 and the law mandating U.S. flag  presentation  did
not go into effect until 1 October 1999.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 2003, copies of the Air Force evaluations were  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or injustice.  The applicant  contends  that  when  he
received his retirement certificate (DD Form 363AF)  and  a  certificate  of
appreciation (DD Form 2542), they both reflected his grade as MSgt;  however
his DD Form 214 (Certificate of  Release  or  Discharge  from  Active  Duty)
reflects TSgt.  We took notice of the  applicant’s  complete  submission  in
judging the merits of the case; however the Board agrees with  the  opinions
and recommendations of the Air Force  and  adopts  their  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.   The  Board  notes  that  according  to  the  NPRC  the
applicant’s military personnel records are lost, therefore, limited  records
are available.  The applicant’s DD Form 214 indicates that he  was  relieved
from active duty  effective  30  September  1997  and  retired  effective  1
October 1997.  He was retired as a technical sergeant which is indicated  on
his DD Form  214  and  in  the  military  personnel  data  system  (MilPDS).
Available records indicate that he  was  never  promoted  to  the  grade  of
master sergeant prior to retirement.  It appears that  as  a  result  of  an
administrative  error,  he  was  sent  a  DD  Form  363AF  (Certificate   of
Retirement) reflecting the retired grade of master sergeant  and  retirement
date effective 1 October 1998.  This is clearly an error since he retired  1
October 1997.  AFPC/DPPRRP notes the DD Forms 363AF and 2542 were mailed  to
the applicant a year after his retirement with an incorrect grade  and  date
of retirement and according to the  governing  AFI  these  documents  should
have been presented to the him at the retirement ceremony.  AFPC/DPPRRP  has
indicated they will issue the applicant a corrected copy of these  documents
with the  correct  grade  and  retirement  date.   Likewise,  we  also  find
insufficient evidence to warrant the  applicant  receiving  the  U.S.  flag.
According to Public Law 106-65, this entitlement applies  to  servicemembers
who were released from  active  duty  on  or  after  1  October  1999.   The
applicant retired on 1 October 1997, prior to  this  law’s  effective  date;
therefore, he is not entitled to receive the U.S.  flag.   In  view  of  the
above and in the absence  of  evidence,  we  find  no  compelling  basis  to
recommend granting this request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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 AFBCMR Docket Number  BC-2003-
03223 in Executive Session on 29 January 2004, under the provisions  of  AFI
36-2603:

                  Ms. Carolyn J. Watkins-Taylor, Panel Chair
                  Mr. John B. Hennessey, Member
                  Ms. Deborah A. Erickson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 September 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 24 November 2003.
   Exhibit D.  Letter, AFPC/DPPRRP, dated 9 December 2003.
                   W/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 19 December 2003.




                                CAROLYN J. WATKINS-TAYLOR
                                Panel Chair