RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01133
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to reflect the grade of chief master sergeant
(CMSgt) rather than senior master sergeant (SMSgt).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While reviewing burial benefits he discovered his grade was
incorrect on his separation documents.
In support of his request, the applicant provides documents
extracted from his military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Documents provided by the applicant reflect he was transferred to
the Retired Reserve on 30 October 1993 in the grade of SMSgt
effective and with a date of rank of 1 November 1991.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POE recommends denial. A1POE states the applicant provides
what appears to be a brevet promotion certificate awarding him
the honorary rank of chief master sergeant on the California
National Guard Retired List. The authority for such promotions
usually lies within the state military law and is not recognized
by the Air National Guard or Air Force Reserves. His NGB Form 22
and Special Order AD-860 both list his grade as SMSgt; his
retirement order dated 11 January 2002 also shows the grade of
SMSgt.
A1PS concurs with NGB/A1POEs advisory.
The A1POE and A1PS complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 December 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). As of this date, this office has received no
response.
_________________________________________________________________
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 an error or injustice. The
applicants contentions are duly noted; however, we agree with
the opinion and recommendation of the Air Force offices of
primary responsibility and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-01133 in Executive Session on 19 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01133 was considered:
Exhibit A. DD Form 149, dated 11 February 2010, w/atchs.
Exhibit B. Letters, NGB/A1POE and NGB/A1PS, dated 2 December
2010 and 3 December 2010.
Exhibit C. Letter, SAF/MRBR, dated 17 December 2010.
Panel Chair
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