ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2005-03330-2
INDEX CODE: 111.02
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
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).
_________________________________________________________________
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.
According to his military personnel records, the applicant applied for
voluntary retirement on 4 September 1973. On 5 December 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.
The applicant’s previous appeal was considered and denied by the Board on 9
March 2006. For an accounting of the facts and circumstances surrounding
the rationale for the earlier decision by the Board, see the Record of
Proceedings at Exhibit F (with Exhibits A-E).
On 22 May 2006, the applicant submitted a letter through his congressional
member citing several discrepancies in the Air Force advisory opinion used
by the Board in consideration of his appeal. Therefore, in an attempt to
confirm if any of the cited discrepancies had an impact on the applicant’s
request, the Air Force office of primary responsibility was directed to
respond to the applicant’s contentions. To support his contentions, the
applicant provided copies of his promotion order to the grade of senior
master sergeant (SMSgt) (E-8), application for voluntary retirement, and
addendum to application for voluntary retirement.
The applicant's complete submission, with attachments, is at Exhibit G.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB stands by their previous recommendation to deny the applicant’s
request. DPPPWB states that after further review and research, the
applicant would have been eligible for promotion consideration to CMSgt
during fiscal year 1970 (FY70) based on his date of rank of 1 November 1968
to the grade of SMSgt (provided there were no other ineligibility
conditions). They inadvertently used the cycle promotion eligibility
cutoff date (PECD) to determine his time-in-grade (TIG) eligibility in
their initial advisory. However, during the timeframe in question, the
applicant needed only to have met TIG requirements sometime during the
promotion cycle (January – December 1970) for cycle FY70. The date the
applicant applied for retirement, was obtained from Air Force Form 1161,
Addendum to Application for Voluntary Retirement, section 4, paragraph a,
dated 5 December 1973. Regardless of when the applicant applied for
retirement, their point was that it was an ineligibility condition for
promotion consideration. As stated in their initial advisory, promotion
history files are only maintained for a period of ten years; therefore,
they have no way of knowing whether the applicant was considered for
promotion to CMSgt during the timeframe in question (from cycle FY70 until
his placement on the TDRL).
DPPPWB apologizes for the errors made in their initial advisory regarding
dates; however, the fact remains that there is no official documentation in
the record or provided by the applicant proving he was never considered for
promotion to CMSgt. The applicant’s initial contention was that his non-
consideration was due to his non-attendance of SNCOA. As stated in their
initial advisory, SNCOA attendance was not a prerequisite for promotion
consideration.
The DPPPWB evaluation is at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he has no documentation to prove that he was never
considered for promotion to CMSgt; however, such documentation would be
retained by the promotion division at AFPC. It is true that he waited 30
years to request consideration; however, it was a representative at AFPC
promotion division that told him he was not promoted because he did not
attend the SNCOA.
The applicant’s rebuttal is at Exhibit J.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient
evidence to warrant correcting the records to allow a waiver for attending
SNCOA and the applicant’s advancement to the grade of chief master
sergeant. After again reviewing this application and the evidence provided
in support of his appeal, 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. 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 17 May 2007, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. James A. Wolffe, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2005-03330-2:
Exhibit F. Record of Proceedings, dated 29 Mar 06,
with Exhibits A through E.
Exhibit G. Applicant's Letter, dated 22 May 06, w/atchs.
Exhibit H. Letter, AFPC/DPPPWB, dated 27 Oct 06.
Exhibit I. Letter, SAF/MRBR, dated 3 Nov 06.
Exhibit J. Applicant's Letter, dated 3 Dec 06.
CHARLENE M. BRADLEY
Panel Chair
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