RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03299
INDEX CODE: 112.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he retired in the grade of
master sergeant (E-7), rather than technical sergeant (E-6).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was selected for promotion to the grade of master sergeant in Jun
68, but declined the promotion and voluntarily retired to accept a
civilian job. He now realizes that he made a mistake and would like
his rank changed. He does not want an increase in retirement pay, but
would like his grade changed to reflect master sergeant.
In support of his request, applicant provided a personal statement, a
copy of his DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, and a copy of Special Order 26183.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
8 Feb 49, and was progressively promoted the grade of technical
sergeant. He was honorably retired in that grade on 28 Feb 69. He
served a total of 20 years and 23 days active duty service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial and indicated they were unable to verify
whether the applicant was selected for promotion to master sergeant,
since promotion history files are only maintained for a period of 10
years as outlined in AFR 4-20, Table 35-12, Rule 29, Records
Disposition Schedule. There are no provisions to allow for
reinstatement of a promotion that was almost 39 years ago. The
applicant made a conscious decision to retire in lieu of accepting
promotion to the rank of master sergeant and the two years active duty
service commitment (ADSC) that came along with it. Based on the
rationale provided and regulations in effect at the time, they
recommend denial of his request.
The DPSOE evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
18 Jan 08 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 error or injustice. After a thorough review of the
applicant’s submission, we are not persuaded the relief requested
should be granted. We took notice of the complete submission in
judging the merits of the case; however, 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 member
has not been the victim of an error or injustice. Therefore, we find
no compelling basis to warrant favorable consideration of 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 Docket Number BC-2007-
03299 in Executive Session on 16 Apr 08, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Mary C. Puckett, Member
Ms. Barbara J. Barger, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, AFPC/DPSOE, dated 5 Dec 07.
Exhibit D. Letter, SAF/MRBR, dated 18 Jan 08.
THOMAS S. MARKIEWICZ
Chair
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