ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-03407
		INDEX CODE: 131.00 
	XXXXXXX				COUNSEL:  NONE
	          			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he retired in the grade 
of master sergeant (MSgt) effective 31 July 2008.

________________________________________________________________

STATEMENT OF FACTS:

On 24 July 2008, the Board considered and denied a similar 
request.  For an accounting of the facts and circumstances 
surrounding the applicant’s request, and, the rationale of the 
earlier decision by the Board, see the Record of Proceedings at 
Exhibit G.

On, 22 January 2009, the applicant requested reconsideration.  
He states that no competent authority recognizes his unique 
circumstances under sanctuary protection to correctly award him 
the highest rank held in accordance with (IAW) Title 10, United 
States Code (USC), Section 8963.

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

_________________________________________________________________

AIR FORCE EVALUATION:

SAFPC recommends the applicant be advanced to the grade of MSgt 
at the point he reaches 30 years.  SAFPC states the applicant 
was a member of the Air Force Reserve (AFR) on active duty 
mobilization orders and requested active duty sanctuary.  

On 3 September 2006 he was ordered to extended active-duty as a 
technical sergeant (TSgt) with a date of separation (DOS) of 
31 July 2008.  Although the applicant was on active duty, being 
paid out of military personnel appropriation (MPA) funds and 
eligible for active-duty programs, he was still a member of the 
AFR and accounted for in the AFR’s end strength.

Even though the applicant only served four days of “active duty” 
as a MSgt while assigned as a Reservist in an active Reserve 
status, his period of active Reserve service in the grade of 
MSgt is from 1 July 1996 to 2 April 1997.  When the applicant 
returned to active Reserve status on 30 June 2003, his demotion 
to TSgt was not as a result of his misconduct rather due to 
there not being a vacant MSgt position available.  Since there 
is no evidence of misconduct in the applicant’s record as a 
MSgt, the applicant should be advanced to the grade of MSgt when 
he reaches 30 years of total federal military service 
(17 December 2013)  based on his pay date of 17 December 1983.

The complete SAFPC evaluation is at Exhibit I.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant disagrees with the Air Force evaluation and states 
he was an active-duty accession as outlined in the AFI.  He 
states that unrelated sections of the law in reference to his 
situation are being mixed up.  Section 8963, refers directly to 
Section 8914, under which he was retired.  The other is Section 
8964, which is a separate section dealing with circumstances not 
applicable to his situation.  He is being asked to postpone his 
rightful retirement grade until 2013 because of a 
misunderstanding of his unique situation and the governing laws. 
He separated and reenlisted in the Reserves voluntarily at one 
grade below his previous grade.  He fulfilled his active-duty 
obligation and immediately upon his retirement his grade 
determination should have been the highest rank held.

The applicant’s complete response, with attachments, is attached 
at Exhibit K.

________________________________________________________________
_

ADDITIONAL AIR FORCE EVALUATION:

SAFPC now recommends approval.  SAFPC states that AFPC/DPPR 
advised AFPC/JA that paragraph 5.30.5 of AFI 36-3209, Separation 
and Retirement Procedures for Air National Guard and Air Force 
Reserve Members is no longer valid and it has been DPPR’s 
practice to ignore the current published provision.  Therefore, 
Section 8963 should take priority over the outdated AFPC policy. 
Section 8963 does not state a minimum amount of time required in 
the higher grade while serving on active duty.  SAFPC states the 
applicant’s time served as an MSgt is considered satisfactory 
for the purpose of retirement in the higher grade.  

The complete SAFPC evaluation is at Exhibit L.

________________________________________________________________
_



THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided 
in support of his appeal, we believe that sufficient relevant 
evidence has been presented to demonstrate the existence of an 
error and injustice.  In this respect, we note that Section 
8963, Title 10 USC, allows members to retire in the highest 
grade in which they served on active duty satisfactorily as 
determined by the Secretary of the Air Force.  The Secretary of 
the Air Force has delegated this authority to the Secretary of 
the Air Force Personnel Council (SAFPC).  SAFPC has determined 
that AFI 36-3209, which requires six months time in grade to 
retire in the higher grade is no longer valid and therefore, 
Section 8963 should take priority over the outdated 
policy.  Further, SAFPC determined the applicant served 
satisfactorily on active duty in the grade of MSgt and should be 
retired in that grade.  In view of the above, it is our opinion 
that corrective action is warranted in this case.  Therefore, we 
recommend the applicant's records be corrected to the extent 
indicated below.

__________________________________________________________________

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that he was 
promoted to the grade of master sergeant (E-7) effective and 
with a date of rank of 1 August 2008.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2008-03407 in Executive Session on 7 July 2010, under 
the provisions of AFI 36-2603:

	Ms. XXXXXXXXXXXX, Panel Chair
      Ms. XXXXXXXXXXXX, Member
	Mr. XXXXXXXXXXXX, Member













The Board voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2008-03407 was considered:

      Exhibit G.  Record of Proceedings, dated 3 October 2008,
                 with exhibits A through F.
      Exhibit H.  DD Form 149, dated 22 January 2009, w/atchs.
      Exhibit I.  Letter, SAF/MRBP, dated 2 September 2009.
      Exhibit J.  Letter, AFBCMR, dated 5 October 2009.
      Exhibit K.  Letter, Applicant, 30 October 2009, w/atchs
      Exhibit L.  Letter, SAF/MRBP, dated 21 June 2009.




							XXXXXXXXXXXXXX
							Panel Chair