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AF | BCMR | CY2011 | BC-1995-02187
Original file (BC-1995-02187.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-1995-02187 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His records be corrected to reflect he retired in the grade of 
technical sergeant (TSgt) rather than staff sergeant (SSgt). 
 
_________________________________________________________________ 
 
THE APPLICANT CONTENDS THAT: 
 
His highest grade held was TSgt. His records reflect he only held 
the  grade  of  SSgt.    He  previously  applied  for  correction  of 
records 10 years ago after his retirement; however, his request 
was denied because his record reflected no promotion to TSgt. He 
was told that his retired pay would reflect his highest pay grade 
held after 10 years. 
 
In support of his request, the applicant provides copies of his 
retirement  special  order,  promotion  order  and  notification  of 
promotion testing letter. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  20  January  1965,  the  applicant  enlisted  in  the  Regular  Air 
Force.  He was progressively promoted to the rank of TSgt having 
assumed that grade effective and with a date of rank of 1 August 
1980. 
 
On 18 March 1983, the applicant received an Article 15 and his 
punishment  consisted  of  a  reduction  in  rank  from  TSgt  to  SSgt 
with a new date of rank (DOR) of 18 March 1983. 
 
On  1  February  1985,  the  applicant  was  retired  in  the  grade  of 
SSgt after serving 20 years and 11 days. 
 
On  27  February  1996,  the  Air  Force  Board  for  Correction  of 
Military  Records (AFBCMR) considered and denied the applicant’s 
request for advancement to the grade of TSgt (Exhibit B). 
 
On 16 May 2011, AFPC/DPSOR informed the applicant that because he 
held the grade of SSgt on the date of his retirement, his records 

 

correctly  reflects  his  retired  grade  of  SSgt.    DPSOR  forwarded 
the applicant’s case to the SECAF for a decision as to whether 
the AF would advance him to a higher grade than SSgt IAW Title 
10, USC, section 8964. On 4 October 1995, the Secretary of the 
Air  Force  Personnel  Counsel  (SAFPC)  determined  the  applicant 
would not be advanced to the higher grade of TSgt when his time 
on active duty and his time on the retired list totals 30 years 
under  the  provisions  of  Title  10,  USC,  section  8964.    Although 
the previous advisory from DPSOR erroneously stated there was no 
evidence the applicant had been a TSgt, the AFBCMR did review the 
promotion order (SO A-39) while making their final determination 
(Exhibit C). 
 
The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which is attached at Exhibit C. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ  AFPC/DPSOE  states  the  applicant  is  not  challenging  the 
issuance of the Article 15 or subsequent reduction in grade nor 
did he provide any supporting evidence to suggest the Article 15 
was unjust.  
 
The complete DPSOE evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT’S REVIEW OF AIR FORCE EVALUATION: 
 
On 27 May 2011, a complete copy of the Air Force evaluation was 
forwarded  to  the  applicant  for  review  and  response  within  30 
days.    However,  as  of  this  date,  this  office  has  received  no 
response (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 an error or an injustice.  We took 
notice  of  the  applicant's  complete  submission  in  judging  the 
merits of the case; however, we agree with the opinion and the 
recommendation  of  the  Air  Force  and  adopt  its  rationale  as  the 
basis  for  our  conclusion  that  the  applicant  has  not  been  the 
victim of an error or an injustice.  The applicant was demoted 

2 

from TSgt to SSgt due to misconduct.  As a result, the applicant 
was retired in the grade of SSgt in accordance with 10 USC 8961, 
which states a servicemember will be retired in the grade held on 
the  date  of  retirement.    It  appears  that  at  the  time  of  his 
retirement  he  was  not  considered  for  a  highest-grade 
determination.  However, on 4 October 1995, SAFPC determined the 
applicant  would  not  be  advanced  to  the  grade  of  TSgt  on  the 
retired  list  when  his  active  service  plus  his  service  on  the 
retired  list  totals  30  years.    The  applicant  has  not  submitted 
persuasive  evidence  that  he  should  have  been  retired  in  the 
higher grade of TSgt.  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  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 Docket Number BC-
1995-02187  in  Executive  Session  on  12  July  2011,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 14 Oct 10, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSOE, dated 11 Apr 11, w/atch. 
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 11. 
 
 
 
 
 
                                   Panel Chair 

              Panel Chair 
              Member 
              Member 

   
   
   

 
 
 

  

 

 

 

 

 

 

 

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