RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03330
INDEX CODE: 111.02
XXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: UNKNOWN
MANDATORY CASE COMPLETION DATE: 4 May 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted a waiver of attending the Senior Non-Commissioned Officer
Academy (SNCOA) due to his physical disability, and be advanced to the
grade of chief master sergeant (CMSgt) (E-9).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not considered for promotion to the grade of CMSgt because he had
not attended SNCOA. If his advancement to CMSgt is approved, it would only
be for advancement in title as he does not collect a military retirement.
In support of his request, the applicant submits a personal statement, a
copy of his Congressional inquiry, and assorted military personnel and
medical records. The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 February 1947, the applicant enlisted in the Regular Air Force at the
age of 18 in the grade of private (E-1) for a period of three years. He
was progressively promoted to the grade of senior master sergeant (E-8)
effective and with a date of rank of 1 November 1968. Following his
completion of basic training, the applicant was trained and served in the
personnel career field.
According to his military personnel records, the applicant applied for
voluntary retirement on 10 September 1972. On 5 September 1973, he
withdrew his retirement application and was subsequently placed on the
Temporary Disability Retirement List (TDRL) effective 1 April 1974
following a diagnosis of colonic carcinoma. He was placed on the Permanent
Disability Retirement List (PDRL) effective 8 April 1977.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB recommends denial of the applicant’s request. DPPPWB states to
be considered for CMSgt an individual must have 24 months time-in-grade,
posses a 9-skill level Air Force Specialty Code, 14 years Total Active
Federal Military Service, 10 years cumulative enlisted service creditable
for basic pay, be qualified under the United States Air Force Supervisory
Examination (USAFSE), and recommended by the promotion authority. At the
time, these were the minimum eligibility requirements to be considered by a
promotion board, but in no way ensured or guaranteed a promotion.
Completion of SNCOA was not an eligibility requirement.
DPPPWB states the first time the applicant would have been eligible for
consideration to CMSgt was calendar year 1972. However, he became
ineligible for promotion consideration under Air Force Regulation (AFR) 39-
29, Table 3, Lines N and O when he applied for voluntary retirement.
Following the withdrawal of his retirement application on 5 December 1973,
his placement on the TDRL made him ineligible for promotion consideration
in accordance to AFR 39-29, Table 3, Line H. Subsequently, the applicant
was placed on the PDRL.
It is DPPPWB’s opinion that the applicant’s request be timed barred due to
it not being filed within the three-year time limitation imposed by Air
Force Instruction 36-2603; however, if the Board chooses to decide the
case, it should be denied based on the rationale provided. The DPPPWB
evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submits a personal statement of his accomplishments and
experiences while on active duty. The applicant’s rebuttal, with
attachments, is at Exhibit H.
_________________________________________________________________
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 that the applicant does not meet the requirements for
promotion to the grade of CMSgt. Granting his request to waive the
requirement to complete SNCOA does not guarantee a promotion as it was not
an eligibility requirement at that time. 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 this application in Executive
Session on 9 March 2006, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Josephine L. Davis, Member
Mr. James A. Wolffe, Member
The following documentary evidence for AFBCMR Docket Number BC-2005-03330
was considered:
Exhibit A. DD Form 149, dtd 15 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dtd 30 Nov 05, w/atch.
Exhibit D. Letter, SAF/MRBR, dtd 16 Dec 05.
Exhibit E. Applicant’s Letters, dtd 20 Dec 05 & 11 Jan 06, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
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