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AF | BCMR | CY2009 | BC-2008-03785
Original file (BC-2008-03785.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-03785
                                             INDEX CODE:  110.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His request for  retirement  effective  1  Jun  09  be  withdrawn,  and  his
promotion sequence number for promotion to the grade of master  sergeant  be
reinstated.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was under the impression the Promotion Statement of  Understanding  (PSU)
would automatically initiate his request  for  retirement  withdrawal.   The
PSU instructions do not clearly direct a person to complete  the  withdrawal
process through the Virtual Military Personnel Flight (VMPF).

In support of the request, the applicant provides a copy of his PSU, a  copy
of his  retirement  application,  and  a  copy  of  a  Request  to  Withdraw
Retirement Application Memorandum.

________________________________________________________________

STATEMENT OF FACTS:

The applicant submitted an application for retirement on  19 Jun 08  with  a
retirement effective date of 1 Jun 09.  AFPC/DPSOR approved  his  retirement
and he was issued retirement orders dated 20 Jun 08.

The Air Force released the master sergeant  promotion  list  on  26 Jun  08.
The applicant received the PSU on 30 Jun 08, and returned it on 10 Jul 08.

He received an auto-generated retirement out-processing email on 19 Aug  08.
 He submitted a request to withdraw his retirement on 20 Aug 08.  On  2  Sep
08, the applicant’s request for withdrawal  of  his  retirement  application
was disapproved.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE states in part, the PSU  is  an  informative  document  regarding
certain requirements when selected for promotion to  the  grades  of  master
sergeant  through  chief  master  sergeant.   It  outlines  requirements  of
accepting the promotion and consequences if those requirements are not  met.
 If the applicant felt that paragraph 2 of the  PSU  was  unclear  regarding
the withdrawal of his retirement  application,  he  should  have  asked  for
clarification before signing.

The complete DPSOE evaluation is at Exhibit C.

AFPC/DPSOR recommends denial and states in part, that  since  the  applicant
did not have a projected promotion on file at  the  time  he  submitted  his
retirement withdrawal request based on his desire  to  accept  a  promotion,
policy requires disapproval of his request to withdraw his retirement.

The complete DPSOR evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  9
Jan 09, 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or  injustice  warranting  corrective  action.   After  a
thorough review of all the facts and circumstances of  this  case,  and  the
documentation  presented  in  support  of  the  appeal,  we  believe  it  is
reasonable  to  conclude  there  may  have  been  some  confusion   on   the
applicant’s part as to the action he was supposed to accomplish in order  to
accept his promotion to MSgt and withdraw his  retirement  application.   We
took particular  note  of  the  actions  by  the  applicant  to  accept  the
promotion in a timely manner and his statement that he assumed  this  action
would automatically withdraw his retirement  application.   It  appears  the
applicant’s confusion resulted from his inexperience and unfamiliarity  with
the VMPF and
the new retirement process.  In view  of  the  foregoing,  as  well  as  the
applicant’s desire to continue  in  the  service  of  his  country,  we  are
inclined  to  resolve  all  doubt  regarding  this  matter  in  his   favor.
Accordingly, we recommend his records be corrected to the extent  set  forth
below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  On 10 Jul 08, he requested a withdrawal of his 1 Jun 09 length  of
service retirement, as a result of his selection for promotion to the  grade
of master sergeant (E-7)  during  the  08E7  promotion  cycle,  and  it  was
approved by competent authority.

      b.  He was promoted to the grade of master  sergeant  (E-7)  effective
and with a date of rank of 1 Oct 08.

      c.  He was not relieved from active duty on 31 May 09 and retired  for
length of service, effective 1 Jun 09, but continued to  serve  on  extended
active duty, and was ordered permanent change of station (PCS) to  his  home
of record or home of selection pending further orders.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-03785
in Executive Session on 2 Jun 09, under the provisions of AFI 36-2603:

                       Mrs. Barbara A. Westgate, Panel Chair
                       Ms. Debra M. Czajkowski, Member
                       Mr. Mark J. Novitski, Member

All members voted to correct the  record,  as  recommended.   The  following
documentary evidence was considered under Docket Number BC-2008-03785:

    Exhibit A.  DD Form 149, dated 2 Oct 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPSOE, dated 29 Oct 08.
    Exhibit D.  AFPC/DPSOR, dated 3 Nov 08.
    Exhibit E.  SAF/MRBR, dated 9 Jan 09.





                                   BARBARA A. WESTGATE
                                   Panel Chair

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