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 applicants 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 applicants request to return
to active duty; however, recommends the applicants 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 applicants 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 applicants 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
applicants 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 applicants 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 applicants 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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