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promotion to CMSgt was revoked and he reverted back to the grade of senior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
AF | BCMR | CY2008 | BC-2007-01050
When the CMSgt retired in Sep 04, the commander placed another SMSgt in the position since his medical appeal was not complete and it did not appear that he would have the two years retainablity because of his age. 1) The MPF should have placed his name on the promotion roster in either May or Jul; 2) He should have been placed on T-3 status similar to active duty members when diagnosed with cancer, which would have allowed him to continue duty in a drilling status, and be promoted to...
AF | BCMR | CY2007 | BC-2006-03516
In support of the appeal, applicant provided a personal statement, dated 30 September 2006, copies of a Chronology prepared by the 482 FW/IG, dated 5 August 2006, a HYTD Notification Memorandum from the 482 MSG/DPMSA, dated 9 January 2004, an Enlistment/Reenlistment Document (DD Form 4), dated 2 October 2004, a Report on Individual Person (RIP), dated 20 April 2005, an undated memorandum acknowledging HYT extension, an e-mail trail from May- July 2005 advising 482 MSG/CES/CC of HYT...
AF | BCMR | CY2007 | BC-2007-01181
She was not promoted however to SMSgt. In this respect, a commander is not under any obligation to promote a member who meets the basic requirements, such as TIG, until that commander feels that the member is ready for promotion and proceeds with a recommendation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
AF | BCMR | CY2013 | BC 2013 02856
This action was taken following the procedures laid out in AFI 36-2503 and AFI 36-2502 as verbally directed by the AFRC/CC under the authority granted him by AFPD 36-25, Military Promotion and Demotion. The Board agreed with the AFRC/AIK recommendation that the use of the former AFI 36- 2503 and AFI 36-2502 as the procedural guidance when implementing Air Force Reserve enlisted demotions and promotions was proper. Exhibit B. Applicants Master personnel Records.
AF | BCMR | CY2008 | BC-2007-00505
He missed over three years of participation due to his service connected conditions; however, the Air Force Board for Correction of Military Records (AFBCMR) has so far approved restoring 2 ½ years of his pay, allowances, and participation points from his previous application (AFBCMR Docket Number BC- 2006-01369). In support of his application, the applicant provides two personal statements, a letter of command support, response to Congressional Inquiry, AF/JAA legal review, Line of Duty...
AF | BCMR | CY2014 | BC 2014 02811
The commander was told that since the applicant was a ten year First Sergeant who did not hold a 9- skill level she could not remain a CMSgt and that there was not a method for First Sergeants to be promoted to CMSgt. A complete copy of the rebuttal is at Exhibit F. ADDITIONAL AIR FORCE EVALUATION: The applicants MILPDS record was reviewed and noted as follows: 16 Jan 03, member last held AFSC 2A671; 17 Jan 03, member was selected into a SDI 8F000 (First Sergeant); 1 Mar 11,...
AF | BCMR | CY2005 | BC-2006-01688
The complete DPPD evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force Evaluations were forwarded to the applicant on 14 Jul 06 for review and comment within 30 days. _________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she was...
AF | BCMR | CY2006 | BC-2006-01889
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01889 INDEX CODE: 131.09 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY COMPLETION DATE: 24 DECEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was promoted to the Reserve grade of senior master sergeant (SMSgt) effective and with a date of rank (DOR) of 1 March 2005. If this update...
AF | BCMR | CY2013 | BC 2013 02419
In support of his appeal, the applicant provides a brief from counsel, copies of a Letter of Counseling (LOC), dated 8 May 07, with rebuttal; Letter of Admonishment (LOA), dated 11 Sep 07, with attachments; Letter of Reprimand (LOR), dated 5 Dec 07 and 31 May 08, with rebuttals; the Notification of Demotion, dated 9 Jun 09; appeal of the demotion action sent to the AFRC Commander (AFRC/CC); demotion action, dated 6 Jan 10, acknowledged on 18 May 10; award certificates; Enlisted Performance...
AF | BCMR | CY2009 | BC-2008-01646
In support of the applicants request, he provided a personal statement dated 22 April 2008; a virtual military personnel facility (vMPF) printout undated, two AF Forms 911, Senior Enlisted Performance Report (EPR), dated 30 May 2006 and 9 June 2005; an extract from AFI 36-2502 which states the process for enlisted IMA promotions, an email from his unit of attachment commander dated 3 November 2006, a letter of recommendation from the 784th Combat Sustainment Group Commander, undated; and a...