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AF | BCMR | CY2010 | BC-2010-02970
Original file (BC-2010-02970.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02970 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be reinstated to active duty due to his recent supplemental 
promotion to chief master sergeant (CMSgt). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His military records were corrected in April 2010. His promotion 
records, beginning with cycles 05E9 through 09E9 met a 
supplemental board. He was promoted to CMSgt with a promotion 
date of 1 January 2010. Had he known before retiring on 1 March 
2010 due to high year of tenure (HYT), he would have accepted the 
stripe and remained on active duty. He would like to be 
reinstated back to active duty so that he can receive and wear 
his stripe until 2012. 

 

In support of his appeal, the applicant provides copies of 
letters from the Air Force Review Boards Agency, AFPC/DPSOE and 
his supplemental promotion selectee score notice. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 27 April 1982, the applicant enlisted in the Regular Air 
Force. 

 

On 24 August 2009, the applicant submitted an application to the 
Air Force Board for Correction of Military Records (AFBCMR) to 
have his AF Form 911, Senior Enlisted Performance Report (EPR), 
rendered for the period 16 June 2004 through 15 June 2006, be 
removed from his record. 

 

On 28 February 2010, the applicant was relieved from active duty 
retired in the grade of senior master sergeant, having assumed 
that grade effective and with a date of rank of 1 August 2002. He 
served 27 years, 10 months and 4 days of service for retirement. 

 

On 9 March 2010, the Air Force Board for Correction of Military 
Records (AFBCMR) granted the applicant’s request and directed he 


be provided supplemental consideration for promotion to grade of 
chief master sergeant for all appropriate cycles beginning with 
cycle 05E9. He was selected for promotion to CMSgt by a 
supplemental board with a promotion effective date of 1 January 
2010. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOR recommends denial of the applicant’s request to return 
to active duty; however, recommends the applicant’s active duty 
service commitment (ADSC) date of 30 April 2012 be waived and the 
applicant be allowed to retire in the grade of CMSgt effective 
1 March 2010. It is in the best interest of the Air Force to 
retire the applicant in the grade of CMSgt effective 1 March 
2010. Since his retirement, the applicant may not have 
maintained the currently-required AF physical fitness standards 
and may not be able to pass a retention physical. The nearest 
base to the applicant is MacDill AFB in Florida where there is 
one 2A300 CMSgt authorization and one CMSgt currently assigned. 
If the applicant is recalled to active duty, he would be an 
overage and he would prevent another qualified member from being 
promoted to CMSgt. It is not cost-effective to return the 
applicant to active duty since he could not serve the two-year 
ADSC required for a permanent change of assignment (PCS) move to 
MacDill or another location due to his 30 April 2012 HYT. 

 

Furthermore, when members are promoted to CMSgt, the Air Force 
requires the members to serve three years time-in-grade unless 
they are restricted by their HYT. In this case, the applicant, 
with his 1 January 2010 date of rank, could not serve a three-
year ADSC of 31 December 2012 for promotion because he is 
restricted by his 30 April 2012 HYT. 

 

The complete AFPC/DPSOR evaluation is at Exhibit C. 

 

The AFPC/JA recommends denial of the applicant’s request for 
reinstatement to active duty; however, recommends allowing him to 
retire in the grade of CMSgt effective 1 March 2010. JA states 
if the applicant is returned to active duty, he will have to 
retire on or before 1 May 2012, based on his HYT date. Given the 
fact the applicant has no entitlement to reinstatement because of 
the previous correction, the cost associated with returning the 
applicant to active duty, and the limited time he could serve 
prior to retirement, JA believes the appropriate remedy in this 
case is retirement in the grade of CMSgt. 

 

The complete JA evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

 

 


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant states he would like to return to active duty and 
serve his country as a CMSgt. He was passed over on numerous 
awards and stratifications due to incorrect records. It was 
hard; however, he did not give up. He took the long deployments 
no others would take to better his chances to get promoted. He 
wants to serve and retire as a CMSgt with as much time-in-grade 
as the Board would allow. 

 

The applicant’s complete response, with attachments, is at 
Exhibit F. 

 

________________________________________________________________ 

 

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 
partial relief. After reviewing the complete evidence of 
record, to include the relief granted by the Board in the 
applicant’s prior AFBCMR case, we agree with the recommendations 
of the Air Force offices of primary responsibility (OPRs) to 
waive the active duty service committment that would normally be 
required for the applicant to retire in the grade of chief 
master sergeant and to allow the applicant to retire in the 
grade of chief master sergeant (CMSgt) effective 1 March 2010. 
While we considered the applicant’s request to be reinstated to 
active duty and to be allowed to serve in the grade of CMSgt as 
long as possible, we do not believe this to be the most 
appropriate relief given the cost of reinstating the applicant 
to active duty and the limited time he would be able to serve 
based on his established high year of tenure (HYT). We also 
considered whether his HYT should be waived, but since the 
circumstances of his case do not meet the criteria for the 
waiver of his HYT, we also do not find that the circumstances of 
his case merit an exception to policy. In our view, this 
affords him full and fitting relief and is consistent with past 
practice involving similar supplemental promotion cases. 
Accordingly, we recommend that the applicant’s records only be 
corrected to the extent indicated 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. His Active Duty Service Commitment (ADSC) of 30 April 
2012, incurred as a result of his promotion to chief master 
sergeant be declared void. 

 

 b. He was relieved from active duty and retired in the grade 
of chief master sergeant, effective 1 March 2010. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02970 in Executive Session on 1 June 2011, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

Member 

 Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Military Records. 

 Exhibit C. Letter, AFPC/DPSOR, dated 28 Sep 10. 

 Exhibit D. Letter, AFPC/JA, dated 3 Nov 10. 

 Exhibit E. Letters SAF/MRBR, dated 12 Nov 10 

 Exhibit F. Applicant's Response, dated 6 Dec 10. 

 

 

 

 

 

 

 Panel Chair 


AFBCMR BC-2010-02970 

 

 

 

 

 

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 APPLICANT 
be corrected to show that: 

 

a. His Active Duty Service Commitment (ADSC) date of 30 April 2012, incurred as a 
result of his promotion to chief master sergeant be declared void. 


 

b. He was relieved from active duty and retired in the grade of chief master sergeant, 
effective 1 March 2010. 

 

 

 

 

 Director 

 Air Force Review Boards Agency 

 

 

 

 



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