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Decision Text

AF | BCMR | CY2010 | BC-2010-04049
Original file (BC-2010-04049.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04049 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be reinstated to the grade of chief master sergeant (E-9) and 
paid all back pay and allowances that may apply. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was released from active duty as a senior master sergeant (E-
8) effective 31 Jan 84; however, the highest rank he held on 
active duty was chief master sergeant. He was promoted to chief 
master sergeant effective 1 Dec 83 which was two months prior to 
his retirement and transfer to the Retired Reserve. 

 

The applicant does not provide any supporting documentation. 

 

The applicant’s submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOE recommends denial. DPSOE states the servicing 
Military Personnel Flight did not update the applicant’s grade 
status reason code to 3G in a timely manner; therefore, his name 
erroneously appeared on special order AE-383. The applicant 
became ineligible for promotion when he submitted his retirement 
application and subsequently retired before serving his 2-year 
Active Duty Service Commitment (ADSC). 

 

 


The DPSOE evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
14 Jan 11 for review and response. As of this date, no response 
has been received by this office (Exhibit D). 

 

_________________________________________________________________ 

 

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 careful 
consideration of applicant's request and the available evidence 
of record, we find insufficient evidence of error or injustice to 
warrant corrective action. The facts and opinions stated in the 
advisory opinion appear to be based on the evidence of record and 
have not been rebutted by applicant. Absent persuasive evidence 
applicant was denied rights to which entitled, appropriate 
regulations were not followed, or appropriate standards were not 
applied, we find no basis to disturb the existing record. 

 

_________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2010-04049 in Executive Session on 23 Feb 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 


The following documentary evidence for Docket Number BC-2010-
04049 was considered: 

 

 Exhibit A. DD Form 149, dated 26 Oct 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOE, dated 30 Nov 10. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11. 

 

 

 

 

 

 Panel Chair 



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