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AF | BCMR | CY2007 | BC-2007-00705
Original file (BC-2007-00705.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-00705
            INDEX CODE: 131.00
      XXXXXXX                     COUNSEL:  NONE
                             HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 8 SEPTEMBER 2008
__________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated to the grade of chief master sergeant (CMSgt).

________________________________________________________________

APPLICANT CONTENDS THAT:

His orders to CMSgt were revoked based on a "policy" that he has  not  seen.
He meets all the requirements of the  Reserve  Commitment  Statement  (RCS);
was promoted to the rank of CMSgt in accordance  with  AFI  36-2502,  Airman
Promotion Program; and has maintained all relevant  statutory  requirements,
DOD guidelines and Air Force standards  as  stipulated  in  his  signed  RCS
contract.

In support of the application, he submits a personal letter,  a  summary  of
significant events, memorandums from his group commander, an  AF  Form  131,
Application for Transfer to the Retired Reserve, and a  memorandum  from  HQ
10AF.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data extracted  from  the  personnel  data  system  reflects  the  applicant
contracted his initial enlistment in the Air Force  Reserves  on  15  August
1982.  He was progressively promoted to the grade of SMSgt,  having  assumed
that grade effective and with  a  date  of  rank  of  1  March  1996.  On  1
September 2006, he  was  promoted  to  CMSgt.   On  6  September  2006,  his
promotion to CMSgt was revoked and he reverted back to the grade  of  senior
master sergeant (SMSgt).

_________________________________________________________________

AIR FORCE EVALUATION:

APRC/A1B recommends denial.  A1B states  in  accordance  with  AFI  36-2502,
paragraph 4.9, the mission support commander through the 10th  AF  Commander
submitted a request to revoke the applicant's  promotion  to  CMSgt.   On  8
September 2006, A1BB carefully reviewed the documentation and supported  the
commander's request by approving the revocation of promotion.

The complete AFRC/A1B evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded stating he is deployed to Iraq for four months and
he cannot appear before the board as requested on his application.  If the
board requests his presence, he will  accommodate  upon  his  return.   He
states his status has not changed  and  he  continues  to  appear  on  the
squadron's promotion eligibility roster and continues  to  serve  in  that
capacity and has remained the superintendent performing CMSgt level duties
associated with the position.  He disagrees  with  paragraph  two  on  the
advisory stating it is an incomplete statement and would be  erroneous  if
left in its present context. His group commander also does not concur with
the  statement.   Specifically,  the  statement  as  it  reads  does   not
accurately represent the actions and support of his group  commander.   He
requests the advisory opinion be rejected until such time as it is amended
to portray the complete chain  of  events  surrounding  his  reduction  in
grade.  His group commander provided two memorandums and has requested  to
appear  before  the  Board  to  provide  testimony  on  the  circumstances
surrounding the revocation of his promotion to CMSgt.

__________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  an  error  or  injustice  warranting  corrective  action.   In
support of his  appeal  the  applicant  provided  evidence  from  his  group
commander unequivocally stating that the applicant's promotion was  unjustly
revoked and the decision to do so was based on misunderstood and  inaccurate
information.  Accordingly, given the support  provided  by  the  senior  Air
Force officer, and having no  reason  to  question  his  integrity  in  this
matter, 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

__________________________________________________________________

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
chief master sergeant  (E-9)  effective  and  with  a  date  of  rank  of  1
September 2006.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00705
in Executive Session on 12 September 2007, under the provisions of  AFI  36-
2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Richard K. Hartley, Member
                 Mr. Reginald P. Howard, Member

All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2007-00705   was
considered:

    Exhibit A.  DD Form 149, dated 1 February 2007, w/atchs.
    Exhibit B.  HQ AFRC/A1B, Letter dated 4 May 2007.
    Exhibit C.  SAF/MRBR, Letter dated 27 July 2007.
    Exhibit D.  Letters, Applicant, dated 5 July 2007 w/atchs.





                                   MICHAEL J. NOVEL
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                               WASHINGTON, DC




[pic]



Office of the Assistant Secretary

AFBCMR 2007-00705




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that he was promoted to
the grade of chief master sergeant (E-9) effective and with a date of rank
of 1 September 2006.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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