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AF | BCMR | CY2007 | BC-2005-03330-2
Original file (BC-2005-03330-2.DOC) Auto-classification: Denied

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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