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AF | BCMR | CY2008 | BC-2007-03299
Original file (BC-2007-03299.doc) Auto-classification: Denied

                       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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