RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00123

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His rank of master sergeant (E-7) be restored.

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APPLICANT CONTENDS THAT:

His unit and medical staff, being aware of his medical condition of rheumatoid arthritis, assured him that adequate medication and medical care would be available at his deployed location in Thumrait Air Base, Oman.  However, it was not.  

His medical condition quickly improved when he returned from his deployment and was under the care of his private doctor.

His medical condition was a contributing factor for the removal of his promotion to E-7, although his condition never interfered with the performance of his duties.  

He fulfilled all requirements necessary for promotion to E-7.

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate that he served as a traditional (part-time) member of the Air Force Reserve during the matter under review.

On 15 January 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF), effective 20 January 2003.  

On 18 October 2003, the applicant returned from his OEF deployment.  

On 30 October 2003, the applicant was promoted to the permanent grade of master sergeant (E-7), effective 1 November 2003.  
On 6 November 2003, the applicant’s promotion order was revoked by virtue of an AF Form 973, Request and Authorization For Change of Administrative Orders. 

On 1 October 2004, the applicant was relieved of his Reserve assignment and transferred to the Retired Reserve in the grade of technical sergeant (E-6) to await retired pay at age 60.   

On 27 March 2010, per 10 USC § 12731, the applicant was authorized retired pay and placed on the USAF retired list/retired reserve and credited with 28 years, 11 months, and 19 days of total reserve service.  

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AIR FORCE EVALUATION:

AFRC/A1K recommends denial, indicating the applicant has not provided any supporting documentation to substantiate that he should have been promoted after the revocation of his promotion to master sergeant.  Air Force Reserve enlisted members are promoted in accordance with Air Force Policy Directive 36-25, Military Promotion and Demotion, and the Air Force Reserve Enlisted Promotion Policy.  Pursuant to policy, an individual must hold a 7-skill level primary air force specialty code (PAFSC), have 24 months time in grade and 8 years of satisfactory service for retirement, complete the Non-Commissioned Officer (NCO) Academy, and be a satisfactory participant in accordance with AFI 36-2254, Volume 1, Reserve Personnel Participation, for promotion to master sergeant.  In addition, an individual must be recommended by their assigned supervisor and approved for promotion by the promotion authority.  In this case, the applicant provided a promotion order, as well as a cancellation of the same promotion.  However, the command’s disapproval for recommendation of his promotion to master sergeant was not adequately disputed by the applicant.  

A complete copy of the AFRC/A1K evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his argument that he met all requirements for promotion to master sergeant; however, he is unable to substantiate his claim through documentation.  He was not adequately supported for promotion or re-enlistment by his command.  He would be able to clearly articulate his reasoning for his request if given the opportunity to present his case via teleconference.  

A complete copy of the applicant’s response is at Exhibit E.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In response to the Air Force evaluation, the applicant concedes that he has no documentary evidence to support his arguments that he should have been promoted.  The applicant is reminded however that the burden of proof of an error or injustice rests with the applicant and, in view of the fact that other than his own assertions, he has provided no documentary evidence in support of his request, we find no basis to recommend granting the requested relief.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-00123 in Executive Session on 31 October 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member




The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00123 was considered:

     Exhibit A.  DD Form 149, dated 4 January 2013, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFRC/A1K, dated 14 May 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 29 May 2013.
     Exhibit E.  Letter, Applicant, dated 5 June 2013.




                                   
                                   Panel Chair