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AF | BCMR | CY2006 | BC-2006-00663
Original file (BC-2006-00663.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00663
            INDEX CODE:  131.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 4 SEPTEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be advanced from the grade of staff sergeant (E-5) to technical  sergeant
(E-6). His overseas time on his DD Form 214 is incorrect.

_________________________________________________________________

APPLICANT CONTENDS THAT:

This was an unjust action to redline him for E-6. He  was  still  on  active
duty until April 1968. He would have cancelled his early out to retire  from
the Air Force and reenlisted from three or four years.

In  support  of  his  application,  applicant  provides  a  letter  to   his
congressman, DD Form 214, Armed  Forces  of  the  United  States  Report  of
Transfer  or  Discharge,  retirement  order  #AC-7196,  a  letter  from  his
congressman, AFP 36-2607, Applicant's Guide  to  the  Air  Force  Board  for
Correction of Military Records, Statement of  Service,  AF  Form  7,  Airman
Military Record,  AF  Form  899,  Permanent  Change  of  Station  Order  and
certificate of retirement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active military service in the Air Force  on  29  July
1947 and was honorably retired on  31  July  1967  in  the  grade  of  staff
sergeant with a date of rank of 1 May 1952. He served 20 years  and  2  days
of total active duty.

_________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial and states the applicant voluntarily  extended
his enlistment for three months. His date of separation (DOS)  changed  from
24 April 1968 to 24 July 1968. On 20 June 1966,  the  applicant  received  a
letter notifying him that he was not being recommended for reenlistment.  He
must either retire or be separated from the  service  on  24  July  1968  in
accordance with Chapter 3, AFM  39-9  (not  selected  for  over      20-year
reenlistment). Based on this, he was also informed  he  was  not  considered
for promotion during the October 1966 cycle, and  would  not  be  considered
for future promotion cycles due to the board's decision. In accordance  with
AFR 39-29, airmen were ineligible for promotion if they were  ineligible  or
nonrecommended for reenlistment. On 29 November  1966,  applicant  requested
his extension be cancelled for purposes of retirement upon completion of  20
years of service and acknowledged his promotion ineligibility.

AFPC/DPPPWB complete Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and  stated  he  only  requested
the info after his brother told him about cases from  the  Army.  Therefore,
that is when he wrote to the Air Force.  He is very  sorry  about  the  time
delay to get his records corrected after his retirement from the Air  Force.


Applicant’s 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 an error or injustice. After a thorough review of the  evidence
of record and applicant’s submission, the Board is not  persuaded  that  the
applicant  should  be  promoted  to  the  grade   of   technical   sergeant.
Applicant’s contentions are noted; however, we agree with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
its rationale as the basis for our conclusion that  the  applicant  has  not
been the victim of an error or injustice. In this  regard,  the  Board  took
note the applicant received a letter  of  notification  from  the  commander
that he was not recommend for reenlistment and he  was  not  considered  for
promotion  consideration.  In  view  of  the  above  and  absent  persuasive
evidence to the contrary, 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 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  Docket  Number  BC-2006-00663
in Executive Session on 26 September 2006, under the provisions of  AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Patrick C. Daugherty, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
00663 was considered:

      Exhibit A. DD Form 149, dated 1 Mar 06, w/atchs.
      Exhibit B. Available Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 27 Apr 06.
      Exhibit D. Letter, SAF/MRBR, dated 23 Jun 06.
      Exhibit E. Application’s Response, dated 28 Jun 06.




      JAMES W. RUSSELL III
      Panel Chair


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