Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03425
Original file (BC-2003-03425.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03425

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

By amendment, his effective date of advancement to the grade of master
sergeant on the retired list  be  changed  to  his  original  date  of
advancement to the grade of master sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon his retirement, he was advised by his squadron commander to apply
for a change to the effective date of his promotion to  the  grade  of
master sergeant from 31 May  02  to  his  current  effective  date  of
retirement of 31 May 92.

In support of his appeal, the applicant provided a copy of his retiree
account statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant initially enlisted in the Regular Air Force on 6 Oct 70  for
a period of four years.

On 14 Jan 92, he received nonjudicial punishment under Article 15  for
operating a passenger vehicle while drunk.  He was  reduced  in  grade
from master sergeant to technical sergeant and ordered to forfeit $850
per month for two months.

On 14 Jan 92, the applicant submitted  an  application  for  voluntary
retirement requesting an effective date of 1 Jun 92.  On 16 Jan 92, he
submitted an application to change the requested retirement date  from
1 Jun 92 to 1 May 92.

On 24 Jan 92, the portion of the nonjudicial punishment  which  called
for forfeitures in excess of $425 per month for  two  months  was  set
aside.

On 20 Feb 92, the Secretary of the Air Force found that the  applicant
served satisfactorily in the higher grade of  master  sergeant  within
the meaning of Section 8964, Title 10, United States Code  (USC),  and
directed his advancement to that grade on the retired list the date of
completion of all required service.

On 30 Apr 92, the applicant was relieved from active duty and retired,
effective 1 May 92, in the grade of technical sergeant, with 21 years,
6 months, and 25 days of active service.

Effective 6 Oct 00, the applicant was advanced to the grade of  master
sergeant on the retired list by reason of completing 30 years  service
on 5 Oct 00.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP recommended denial indicating that the  law  which  allows
for advancement of enlisted members  of  the  Air  Force,  when  their
active service plus service on the retired  list  total  30 years,  is
very specific  in  its  application  and  intent.   On  20 Feb  92,  a
determination was made that the applicant did serve satisfactorily  on
active duty in the higher grade of master sergeant within the  meaning
of Section 8964, Title 10, USC.  The applicant’s Total Active Military
Service Date (TAFMSD) was 6 Oct 70.  He completed all required service
on 5 Oct 00 and was advanced to the grade of master sergeant on  6 Oct
00.  In AFPC/DPPRRP’s view, all criteria of the  pertinent  laws  have
been met in this regard and no error  or  injustice  occurred  in  the
applicant’s retirement, grade determination, or advancement action.

A complete copy of the AFPC/DPPRRP evaluation, with attachments, is at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating his initial request was in error and that his current grade
of advancement to the grade of master sergeant should  be  changed  to
his original date of advancement to master sergeant, which was  1  Sep
90.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly reviewed,  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of primary responsibility.  Therefore, in the absence of evidence that
the applicant’s effective date of advancement to the grade  of  master
sergeant on the retired list was erroneous, we  adopt  the  Air  Force
rationale and conclude that no basis exists 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 AFBCMR Docket Number BC-
2003-03425 in Executive Session on 10 Feb 04, under the provisions  of
AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Sharon B. Seymour, Member
      Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Sep 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRRP, dated 25 Nov 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.
    Exhibit E.  Letter, applicant, dated 15 Dec 03.



                                   ROSCOE HINTON, JR.
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-03970

    Original file (BC-2002-03970.doc) Auto-classification: Denied

    On 22 Dec 82, he received nonjudicial punishment under Article 15 for financial irresponsibility and was reduced in grade from staff sergeant to sergeant. In their view, the Tower Amendment was not applicable to the applicant because he was reduced in grade prior to completion of 20 years of active service. In order for the applicant to have been eligible for retirement pay recalculation under the Tower Amendment, he would have needed 20 years of active service at the time he held the...

  • AF | BCMR | CY2002 | 0100307

    Original file (0100307.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00307 INDEX CODE: 131.09 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His retirement pay grade be changed from E-6 to E-7. On 27 Oct 97, after considering the matters presented by the applicant, the commander found that the applicant had committed one or more of the offenses alleged and imposed...

  • AF | BCMR | CY2004 | BC-2004-01160

    Original file (BC-2004-01160.DOC) Auto-classification: Approved

    On 31 Mar 04, the applicant was relieved from active duty and retired, effective 1 Apr 04, in the grade of technical sergeant. On 31 Mar 04, he was relieved from active duty and retired, effective 1 Apr 04, in the grade of master sergeant, rather than technical sergeant. On 31 Mar 04, he was relieved from active duty and retired, effective 1 Apr 04, in the grade of master sergeant, rather than technical sergeant.

  • AF | BCMR | CY2000 | 9900767

    Original file (9900767.doc) Auto-classification: Denied

    On 1 Feb 89, the applicant retired under the provisions of AFR 35-7 (Voluntary-Retirement For Years of Service Established By Law) with an honorable characterization of service in the grade of staff sergeant. AIR FORCE EVALUATION: The Special Programs Section, AFPC/DPPRRP, reviewed this application and indicated that Section 8961, Title 10, USC, 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...

  • AF | BCMR | CY2003 | BC-2003-01884

    Original file (BC-2003-01884.doc) Auto-classification: Denied

    Applicant’s complete submission, with attachment, is at Exhibit A. On 11 June 1991, his commander determined that he committed the offense alleged and imposed punishment consisting of a reduction in grade to technical sergeant (E6). Likewise, the commander was given the responsibility to determine an appropriate punishment if he determined the applicant had committed the offense.

  • AF | BCMR | CY2004 | BC-2003-04005

    Original file (BC-2003-04005.DOC) Auto-classification: Denied

    On 17 Oct 03, the Secretary of the Air Force Personnel Council (SAF/PC) considered the applicant's case and determined that he did not serve satisfactorily in the grade of master sergeant and did not warrant advancement on the Retired list. We find no evidence of error in this case, and after thoroughly reviewing the documentation provided in support of his appeal, we do not believe he has been the victim of an injustice. The Board notes that the Secretary of the Air Force Personnel...

  • AF | BCMR | CY2004 | BC-2003-03543

    Original file (BC-2003-03543.DOC) Auto-classification: Denied

    On 6 Jul 00, the Secretary of the Air Force, Personnel Council SAF/PC, determined that the applicant served satisfactorily in the higher grade of technical sergeant and directed that he be advanced in that grade, on the retired list, upon completion of the required service (27 October 2010). SAF/PC made the determination that he should be advanced to the grade of technical sergeant effective 27 Oct 10. The Board notes that in accordance with the decision of the Secretary of the Air Force...

  • AF | BCMR | CY2012 | BC-2003-03941

    Original file (BC-2003-03941.pdf) Auto-classification: Denied

    In addition, they found the following; 1) no convening authority may apply the conditions on suspension to the confinement element of the adjudged sentence; 2) the period of suspension of the punitive discharge and reduction in grade, during which the applicant was required to participate satisfactorily in an acceptable sex offender FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 rehabilitation program, was limited to five years; 3) involuntary appellate leave was to be applied to the...

  • AF | BCMR | CY2003 | BC-2003-02605

    Original file (BC-2003-02605.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02605 INDEX CODE: 113.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: It appears that the applicant is requesting that the period he was on the Temporary Disability Retired List (TDRL) be credited as active duty and his date of retirement be changed to reflect 14 Aug 94. On 26 Jul 94, a TDRL...

  • AF | BCMR | CY2002 | BC-2002-01497

    Original file (BC-2002-01497.DOC) Auto-classification: Denied

    On 17 Jul 00, the AFBCMR considered and granted the applicant's request to be advanced to the grade of captain (O-3E) on the Retired List. DPPRRP stated that Section 8964, Title 10, USC, allows the advancement of warrant officers of the Air Force (when their active service plus service on the retired list totals 30 years) on the retired list to the highest grade in which they served on active duty satisfactorily as determined by the Secretary of the Air Force. The applicant was advanced to...