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AF | BCMR | CY2005 | BC-2004-03490
Original file (BC-2004-03490.doc) Auto-classification: Denied

                            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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