RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03543
INDEX CODE: 120.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was retired in the highest
grade held.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served honorably during his 20 years of service. He admitted to the
offense charged in his Article 15 without coercion. His supervisor during
the period wrote him a performance evaluation that he believes is an
overall "5" rating.
In support of his request, applicant provided a personal statement,
documentation associated with his Article 15 punishment, documentation
associated with his request for Congressional inquiry, and documentation
associated with Secretary of the Air Force grade advancement determination.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 27
Oct 80. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 94.
On 10 Feb 99, applicant was notified by his commander of his intent to
impose punishment under Article 15 of the UCMJ. The specific reason for
this action was that he engaged in unprofessional conduct between 1 Feb 98
and 8 Jan 99 by having sexual intercourse with a female staff sergeant,
while being her supervisor. After consulting counsel, applicant elected to
waive is right to demand trial by court-martial and made a written and oral
presentation to his commander. On 23 Feb 99, the commander found that he
did commit one or more of the offenses alleged and imposed punishment on
the applicant. His punishment consisted of reduction to the grade of staff
sergeant with a date of rank of 23 Feb 99. Applicant did not wish to
appeal the punishment. On 31 Oct 00, applicant was retired for maximum
service or time in grade. He served 20 years and 4 days on active duty.
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).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRRP recommends denial. DPPRRP states that he was correctly retired
in the grade of staff sergeant, which was the grade he held on the date of
his retirement. The law, which allows for advancement of enlisted members
is very specific in its application and intent. SAF/PC made the
determination that he should be advanced to the grade of technical sergeant
effective 27 Oct 10. There are no other provisions of law, which would
allow for advancement.
The DPPRRP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5 Dec
03 for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice that would warrant corrective action. The
Board notes that in accordance with the decision of the Secretary of the
Air Force Personnel Council, the applicant's grade will be advanced to
technical sergeant on the retired list for pay purposes on 27 October 2010.
We agree with the Air Force office of primary responsibility that his
discharge documents properly reflect his grade held at separation and the
applicant has not provided evidence of any errors or injustices that
occurred in his discharge processing. Therefore, based on the available
evidence of record, we find no basis upon which to favorably consider 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-
03543 in Executive Session on 8 Jan 04, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James A. Wolffe, Member
Ms. Cheryl Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRRP, dated 21 Nov 03, w/atchs
Exhibit D. Letter, SAF/MRBR, dated 5 Dec 03.
MR. THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2003 | BC-2002-01345
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01345 INDEX CODE: 131.09 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His retirement grade of senior airman (E-4) be changed to reflect technical sergeant (E-6) and that he receive consideration for reinstatement to the grade of master sergeant (E-7). A Monthly Retirement Pay Estimate was introduced into...
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 | CY2006 | BC-2005-03407
There were many inconsistencies with the Weight and Body Fat Measurement Program (WBFMP) measurements taken. On 31 Oct 02, applicant voluntarily retired from the Air Force in the grade of technical sergeant for years of service. DPPRRP states on 18 Dec 01, his request for retirement was denied, although there is no indication in his record that his specific request for retirement in lieu of demotion was forwarded to the SAF as an attachment.
AF | BCMR | CY2004 | BC-2003-04005
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 | CY2003 | BC-2003-01075
AFI 36-2606 states that the appeal authority for individuals like the applicant with more than 20 years of service would be his group commander. Based on HQ AFPC/DPPRRP’s advisory (Exhibit E), the group commander’s Military Personnel Flight (MPF) contacted the HQ AFPC retirements section to advise that the group commander was going to complete the AF Form 418. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPWB advises the applicant was...
AF | BCMR | CY2004 | bc-2003-03227
He was retired in the grade of staff sergeant, effective 1 November 1988, and was credited with 20 years and 6 days of active service for retirement. The SAF/PC determined that the applicant did not satisfactorily serve in any grade higher than staff sergeant and he was correctly retired in the grade he held at the time of his retirement. On 27 September 1988, the Secretary of the Air Force Personnel Counsel (SAF/PC) found that the applicant did not satisfactorily serve in any higher grade...
AF | BCMR | CY2003 | BC-2003-02504
When the applicant was selected for promotion to SSgt after having been previously demoted, the personnel system was not updated prior to his retirement orders being published. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. _________________________________________________________________ The following members of the Board...
AF | BCMR | CY2004 | BC-2003-03225
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 in accordance with the decision of the Secretary of the Air Force Personnel Council, the applicant's grade will be advanced to staff sergeant on the retired list for pay purposes on 10 January 2008. _________________________________________________________________ THE BOARD DETERMINES...
AF | BCMR | CY2003 | BC-2003-01771
On 9 Jul 93, the Secretary of the Air Force Personnel Council (SAF/PC) considered the applicant's case and determined that the applicant did not serve satisfactorily in the grade of master sergeant and did not warrant advancement on the Retired list. The adjudged sentence indicates the members considered his mitigating factors. Accordingly, we recommend that his records be corrected to reflect that when his combined active service time plus time on the Retired list equals 30 years, he...
AF | BCMR | CY2003 | BC-2000-00074
He submitted a request for retirement in lieu of discharge and requested a hearing before an administrative discharge board. He was not discharged from the Air Force on 21 August 2000, but rather on that date he was continued on active duty. Exhibit H. Letter, SAF/MRBC, dated 29 Oct 03 ROSCOE HINTON, JR. Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) FROM: SAF/MR SUBJECT: AFBCMR Case on I have carefully reviewed all of the...