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AF | BCMR | CY2004 | BC-2004-00936
Original file (BC-2004-00936.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00936
            INDEX NUMBER: 100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His grade be advanced on the retired list to technical sergeant.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The highest rank he held while on active duty was E-6.  He earned  the  rank
of E-6, with  a  lot  of  work  and  long  hours.   He  served  his  country
faithfully and honorably for over 20 years.

He was supposed to be retired at the highest rank held, when he  reached  30
years of total service.  He  has  done  this  and  the  advancement  on  the
retired list did not happen.  He tried to find out why  and  never  received
an answer.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF)  on  18 August  1954
for a period of four years.  He served on continuous  active  duty  and  was
progressively promoted to the grade of technical sergeant, with  a  date  of
rank of 1 August 1968.  He received an Article 15 on  6  November  1970  for
being drunk and disorderly in station on or about 4 November  1970  and  was
reduced to the grade of staff sergeant and ordered  to  forfeit  $100.00  of
his pay for two  months,  restriction  to  the  base  for  a  period  of  30
consecutive days.  However, the execution of the portion of  the  punishment
which pertained to the reduction in  grade  and  forfeiture  which  exceeded
$50.00 of pay per month for two months  and  30  day  base  restriction  was
suspended until 28 April 1971 unless sooner vacated.  On 22  February  1971,
the applicant was convicted of  being  drunk  and  disorderly  by  the  81st
District Court of Michigan.  For this misconduct, his  punishment  consisted
of paying $35.00 and the suspension of his previous misconduct  was  vacated
due to the misconduct on 14 February 1971.

The applicant retired on 1 September  1974  with  service  characterized  as
honorable.  On 19 May  1976,  the  Secretary  of  the  Air  Force  Personnel
Counsel (SAF/PC) found the applicant did not  satisfactorily  serve  in  any
higher grade than staff sergeant.  He was retired  in  the  grade  of  staff
sergeant, effective 1 September 1974, and was credited with 20 years and  13
days of active service for retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRRP recommends the application be denied and states, in  part,  that
advancement on the retired list to the highest grade satisfactorily held  on
active duty is authorized when a member’s active  service  plus  service  on
the retired list totals 30 years and if it is determined  by  the  Secretary
of the Air Force that he satisfactorily held the higher grade.   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.

A complete copy of the Air Force  evaluation,  with  an  attachment,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 16 April 2004 for review and response within 30  days.   However,  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. On 19 May 1976, the Secretary  of  the  Air
Force  Personnel  Counsel  (SAF/PC)  found  that  the  applicant   did   not
satisfactorily serve in any higher grade than  staff  sergeant  and  he  was
retired in that grade, effective 1 September 1974.  After a thorough  review
of the evidence of record and applicant’s submission, we are  not  persuaded
that this determination should be overturned.  In the  absence  of  evidence
that SAF/PC’s determination was arbitrary or capricious,  we  find  that  he
has failed to sustain his burden that he has suffered either an error or  an
injustice.  Hence, we find no compelling basis  to  recommend  granting  the
relief sought.

_________________________________________________________________

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  Docket  Number  BC-2004-00936
in Executive Session on 18 May 2004, under the provisions of AFI 36-2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Ms. Carolyn B. Willis, Member
                       Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRRP, dated 7 Apr 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Apr 04.




                                   BRENDA L. ROMINE
                                   Panel Chair

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