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AF | BCMR | CY2005 | BC-2005-01460
Original file (BC-2005-01460.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01460
            INDEX NUMBER:  131.00
      XXXXXXXXXXXXXXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  2 Nov 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

The  deceased  member’s  grandson  (applicant)   requests   that   his
grandfather (member) be promoted  to  the  grade  of  master  sergeant
(MSgt) (E-7).

_________________________________________________________________

APPLICANT CONTENDS THAT:

When the member left the US Army, he left at the grade  of  MSgt,  but
the highest grade he held in the  Air  Force  was  technical  sergeant
(TSgt) E-6.  The applicant has several  evaluations  rendered  on  the
member over a long period of time with high marks where  no  promotion
was given.  If the member has earned the grade of MSgt, the  applicant
believes he should then be given it.

In support of the appeal, the applicant has submitted a  copy  of  the
member’s death  certificate  and  copies  of  his  airman  performance
reports (APRs).

The complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The member served on active duty in the US Army from 1940 to 1945  and
separated in the grade of private first  class.   On  11  Feb  48,  he
entered active duty in the Air Force and was promoted up to the  grade
of technical sergeant (TSgt).  On 26 Aug 69, the member was placed  on
the Temporary Disability Retired List (TDRL) due  to  a  diagnosis  of
chronic duodenal ulcer.  On 29 Jun 71, he was removed  from  the  TDRL
and was honorably retired in the grade of TSgt on 30 Jun 71.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial of the applicant’s request.   Promotions
during the timeframe the applicant is requesting a promotion were made
at the Major Command (MajCom), unless delegated to the Wing, Group, or
Squadron levels.  To be considered for promotion to the grade of MSgt,
an individual must have had 24 months time-in-grade, possess a 7-skill
level Air Force Specialty Code  (AFSC),  and  be  recommended  by  the
commander.  These were the  minimum  eligibility  requirements  to  be
considered for promotion, but  in  no  way  ensured  or  guaranteed  a
promotion.  A thorough review  of  the  member’s  records  reveals  no
documentation indicating he ever served or was promoted to  the  grade
of MSgt (E-7) while in the Army or the Air Force.   There  is  nothing
that indicates he was  the  victim  of  an  error  or  injustice  that
prevented his promotion.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation the applicant  indicates  that
AFPC/DPPPWB has the wrong impression of  the  “whole  situation.”   He
indicates the issue of the member’s promotion only came to  light  two
years ago and that trying to obtain the information needed is not that
easy.  He requests that the Board review the records  as  he  believes
his grandfather has completed the minimum requirements to be  promoted
to MSgt.  The applicant indicates he is not asking for back  pay.   He
asks that the Board grant the relief requested based on  the  evidence
submitted and the fact that his grandfather served for over  30  years
of active duty service.

The 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.   We  took  notice  of  the
applicant's complete submission in judging the merits  of  the  case;
however, we agree with the opinion  and  recommendation  of  the  Air
Force office of primary responsibility and adopt its rationale as the
primary basis for our conclusion that the member  has  not  been  the
victim of an error or injustice.  While  the  Board  appreciates  and
respects the member’s service to his  country,  promotions,  just  as
today, were granted in accordance with  strict  governing  procedures
that served to  ensure  fair  and  equitable  consideration  for  all
eligible.  There has been insufficient evidence presented to  support
a position that  the  member  did  not  receive  fair  and  equitable
consideration for all promotions he may have been eligible or that he
was ever promoted to the grade of master sergeant during his  career.
Additionally, as pointed out by AFPC/DPPPWB,  the  member’s  military
personnel records also do not confirm such a  promotion.   Therefore,
in the absence of evidence to the contrary,  we  find  no  compelling
basis 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 Docket Number  BC-2005-
01460 in Executive Session on 21 July 2005, under the  provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Albert C. Ellett, Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPWB, dated 17 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.
    Exhibit E.  Letter, Applicant, dated 7 Jun 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


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