RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03916
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 JUNE 2008
__________________________________________________________________
APPLICANT REQUESTS THAT:
He be promoted to the grade of chief master sergeant.
__________________________________________________________________
APPLICANT CONTENDS THAT:
He has orders that show he was promoted to chief master sergeant prior to
his discharge of 31 October 1998. He is not looking for any monetary
compensation but what he believes is his rightful rank.
In support of his request, applicant provides copies of Special Orders A-
760 and 322-038. His complete submission, with attachments, is at Exhibit
A.
__________________________________________________________________
STATEMENT OF FACTS:
Effective 30 October 1998, the applicant was honorably separated from the
New York Air National Guard in the grade of senior master sergeant and
transferred to the Air Force Retired Reserve list effective 1 November
1998.
__________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POF recommends denial. A1POF advises that the applicant’s promotion
to chief master sergeant was accomplished in accordance with New York state
law to promote the applicant on the New York State Retired List. While
this promotion is recognized by the state of New York, it is not federally
recognized regarding his status as a Reserve of the Air Force. NGB/A1POF
evaluation is at Exhibit B.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21
September 2007 for review and response within 30 days. 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 an error or injustice. The applicant believes he should be
promoted to chief master sergeant. However, we do not find this contention
sufficiently persuasive to override the rationale expressed by the Air
Force. Therefore, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as the basis
for our decision that the applicant has not been the victim of an error or
injustice. Accordingly, the applicant’s request is not favorably
considered.
__________________________________________________________________
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 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-2006-03916
in Executive Session on 30 October 2007, under the provisions of AFI 36-
2603:
Mr. Jay H. Jordan, Jr, Panel Chair
Mr. Garry G. Sauner, Member
Mr. Joseph D. Yount, Member
The following documentary evidence pertaining to Docket Number BC-2006-
03916 was considered:
Exhibit A. DD Form 149, dated 19 December 2006, w/atchs.
Exhibit B. Letter, NGB/A1POF, dated 17 September 2007, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 21 September 2007.
JAY H. JORDAN
Panel Chair
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