RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03490
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 and retirement orders be changed to reflect the grade of
major.
________________________________________________________________
APPLICANT CONTENDS THAT:
He retired in the rank of major as reflected on his retirement certificate
of 1 March 1978 and the above changes should be made to be consistent and
accurate; and the Military Personnel Flight (MPF) at his retirement base
advised him these corrections should be made.
In support of his request, he submits a personal letter, copies of AFMPC
45, Retirement Order, DD Forms 214, and certificate of retirement.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 13 July 1957, the applicant was commissioned as an Air Force Reserve
second lieutenant and entered active duty on 30 November 1957. He was
progressively promoted to the grade of major, having assumed that grade
effective and with a date of rank of 3 June 1968.
On 19 October 1972, the applicant acknowledged that he had been twice
considered and not recommended to the permanent grade of major and that he
intended to tender his resignation and enlist in the regular Air Force.
On 20 March 1973, he requested an appointment in the Reserve of the Air
Force. He was discharged on 29 April 1973 with 15 years and 5 months of
total active military service. His regular commission was vacated
effective 29 April 1973.
On 24 July 1973, he enlisted in the Regular Air Force as a sergeant (E-4).
On 3 October 1974, the applicant was appointed as a Reserve of the Air
Force in the grade of major for the purpose of assignment to the Retired
Reserve and placement on the USAF Reserve Retired List.
The applicant was eligible to hold the retired grade of major because,
under 10 USC, 1370, he had over six months time-in-grade while on active
duty prior to his discharge on 29 April 1973. Both the applicant’s DD Form
214 and retirement order accurately reflect that, although he held the
grade of staff sergeant on his final day of active duty on 28 February
1978, his retirement proceeded under the law that pertains to commissioned
officers who have 20 or more years of active service and who also have at
least 10 years of active service as a commissioned officer.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRRP recommended denial and stated both the DD Form 214 of 28
February 1978 and the applicant’s retirement order accurately reflect the
applicant’s service immediately prior to his retirement date. A DD Form
214 is a report of separation from active duty, so blocks 6a, bb, and 7 on
the applicant’s DD Form 214 are accurate because, at the end of the period
entered on 24 July 1973, the applicant’s grade was staff sergeant and his
date of rank was 1 December 1973. The applicant’s retirement order is
accurate because on his last date of active duty, he was a staff sergeant.
The order shows that the applicant’s retired grade is major.
AFPC/DPPRRP complete evaluation 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 3 December 2004 for review and comment within 30 days. As of this date,
no response has been received by this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
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. We took careful notice of the applicant’s
complete submission in judging the merits of the case. His contentions
that he retired in the rank of major as reflected on his retirement
certificate and all changes be made to be consistent and accurate were
noted; however, he has provided no evidence, which would lead us to believe
the grade currently reflected on his DD Form 214 was incorrectly recorded
at the time he retired from active duty. We agree with the opinions and
recommendation of the Air Force and adopt its rationale as the basis for
our decision that the applicant has failed to sustain his burden of having
suffered either an error or an injustice. Therefore, in absence of
evidence to the contrary, we find no 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 probable 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-2004-
03490 in Executive Session on 8 February 2005, under the provisions of AFI
36-2603:
Ms. B. J. White-Olson, Vice Chair
Mrs. Barbara R. Murray, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRRP, dated 18 Nov 04.
Exhibit D. Letter, SAF/MRBR, dated 3 Dec 04.
B. J. WHITE-OLSON
Panel Chair
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