RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00212
            INDEX CODE:  131.03
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  23 Jul 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of senior master sergeant  (SMSgt)  and/or
chief master sergeant (CMSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He spent more than 20 years in the military  service  with  combat  in
Korea in 1950.  He lost promotion opportunities because he was in  the
wrong place at the wrong time through organizations  being  disbanded,
transfers, etc.  He would be a SMSgt or CMSgt if he had  been  in  the
right place at the right time for promotion.  Prisoners of War  (POWs)
get  promoted  after  their  release  because  they  missed  promotion
opportunities.  He doesn’t ask  for  pay,  although  that  would  have
helped his family.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the US Marine Corps on 20 Jul 46, reenlisted
on 20 Jul 50, was promoted to the grade of staff sergeant (SSgt)  with
a date of rank (DOR) of 1 Mar 52, and was honorably discharged in  the
grade of SSgt for expiration of enlistment term on 19 Jul 56, after 11
years and 16 days of active service.

The applicant entered active duty in the Air Force as a SSgt  on,  and
with a DOR of, 23 Jul 56.   He  was  promoted  to  technical  sergeant
(TSgt) effective 1 Dec 63, and was honorably retired in that grade  on
30 Sep 65 after 20 years, 2 months and 24 days of active service.  The
available military personnel records reflect that  the  highest  grade
held by the applicant was TSgt.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial and notes the applicant  waited  more
than 40 years to submit his appeal.  Promotions during this  timeframe
were made at the Major Command (MAJCOM), unless delegated to the Wing,
Group, or Squadron levels.  HQ USAF distributed  promotion  quotas  to
the MAJCOMs based on projected  vacancies  within  each  Career  Field
Subdivision.  Promotion boards selected  individuals  and  the  quotas
received determined the number that could be  promoted.   Some  career
fields received more promotions than others based on vacancies and the
needs of the Air Force.  The applicant was never promoted to the grade
of master sergeant (MSgt), which is a prerequisite  for  consideration
to SMSgt.  To be considered for promotion to MSgt during the timeframe
in question, an individual  must  have  had  24  months  time-in-grade
(TIG), possessed a 7-skill level Air Force Specialty Code (AFSC),  and
been recommended by the commander.  These were the minimum eligibility
requirements to be considered but they in no way ensured or guaranteed
promotion.  After a thorough review of  the  applicant’s  records,  HQ
AFPC/DPPPWB  found  no  documentation  (nomination  list  or   orders)
promoting him to the grade of MSgt  Therefore, the author believes the
supervisors and commanding officers at  the  time  were  in  a  better
position to evaluate the applicant’s  potential  and  eligibility  for
promotion and recommends denial.

A complete copy of the 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 17 Feb 06 for review and comment within 30 days  (Exhibit
D).  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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should be promoted beyond the grade of TSgt, the  highest
grade held and in which he was  retired,  according  to  his  military
records.  The applicant’s contentions are duly noted; however,  we  do
not find  these  uncorroborated  assertions,  in  and  by  themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force.  The applicant has not shown to our  satisfaction  that  he  is
eligible for promotion beyond the grade of TSgt.   Further,  based  on
the presumption of regularity in the conduct  of  government  affairs,
and without evidence to the contrary, we must assume  his  supervisors
and commanding officers at the time properly evaluated  his  potential
and  eligibility  for  promotion.   We  therefore   agree   with   the
recommendations of the Air Force and adopt the rationale expressed  as
the basis for our decision that the applicant has  not  sustained  his
burden of having suffered either an error or an injustice.  In view of
the above, 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  this  application  in
Executive Session on 1 June 2006 under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Vance E. Lineberger, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-00212 was considered:

   Exhibit A.  DD Form 149, dated 14 Jan 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 13 Feb 06.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.




                                   JAMES W. RUSSELL III
                                   Panel Chair