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AF | BCMR | CY2013 | BC 2013 04039
Original file (BC 2013 04039.txt) Auto-classification: Approved
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04039
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

Her retirement rank be adjusted to reflect Master Sergeant 
(MSgt/E-7).

________________________________________________________________

THE APPLICANT CONTENDS THAT:

Her grade of Technical Sergeant (TSgt/E-6) should be adjusted to 
her highest grade held, MSgt.  The error occurred when her 
records were transferred to the retirement section at the Air 
Force Personnel Center (AFPC).  They obviously did not recognize 
her highest grade obtained was MSgt.  She took an administrative 
reduction without prejudice in order to take a job in the 
Arkansas Air National Guard (ARANG).

In support of her appeal, the applicant provides copies of her 
assignment orders to the ARANG and her promotion order to the 
grade of MSgt.

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

________________________________________________________________

STATEMENT OF FACTS:

On 28 Jul 13, the applicant was relieved from the ARANG with a 
compensable disability rating of 60 percent, in the grade of 
TSgt, and retired under 10 U.S.C. § 1204.  She was credited with 
16 years, 11 months, and 24 days of active service for 
retirement.  

________________________________________________________________

THE AIR FORCE EVALUATION:

NGB/A1PP recommends approval of the applicant's request to have 
her retired grade adjusted to MSgt rather than TSgt.

In accordance with the governing directive is AFI 36-3209, 
Separation and Retirement Procedures for Air National Guard and 
Air Force Reserve Members, the applicant was demoted without 
prejudice from MSgt to TSgt on 5 Dec 05.  This demotion was 
required for the applicant to transfer to a different position 
within the ARANG.

Per AFI 36-3209, section 5.18.7., “a member is entitled to be 
placed on the retired list established by Title 10 U.S.C., 
§ 8966, Retired Lists, in the highest grade served 
satisfactorily."

The complete A1PP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Dec 13 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Secretary of the Air Force Personnel Council (SAFPC) 
recommends approval of the applicant’s request “for severance 
pay [emphasis added} in the higher grade of MSgt/E-7”.  There 
was no evidence of misconduct in the 3 years, 8 months the 
applicant held the higher grade of MSgt, and her demotion to the 
grade of TSgt was voluntary based on her reassignment to a lower 
graded position.

The complete SAFPC evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

By Electronic Mail (E-mail), the applicant concurred with the 
recommendation from SAFPC.

The applicant’s complete response is at Exhibit G.

________________________________________________________________

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.  We have 
carefully reviewed this application and note the advisories from 
both NGB and SAFPC have partially misanalysed the requested 
relief (e.g. citing incorrect authority for disability 
retirements and misanalysing as a disability separation vs 
disability retirement, respectively).  Nonetheless, we agree 
with their analysis of the equities and the recommended relief.  
In our view, the evidence of record accurately reflects the 
applicant served satisfactorily in the higher grade, prior to 
taking a demotion, without prejudice.  Generally, members 
retiring or separating for disability do so in the grade in 
which they are serving.  However, members may be eligible to 
retire or separate in a higher grade if they served 
satisfactorily in a higher grade.  SAFPC normally makes this 
determination, but apparently they weren’t consulted.  Based on 
the record before us and SAFPC’s rationale (albeit on an 
advisory for disability separation vs retirement), we conclude 
the applicant should have been retired in the higher grade of 
MSgt rather than TSgt.  Accordingly, we recommend the 
applicant’s record 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 effective 
29 Jul 13, she was retired in the grade of Master Sergeant (E-7) 
rather than Technical Sergeant (E-6).

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-04039 in Executive Session on 8 Jul 14 and 
2 Feb 15, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04039 was considered:

    Exhibit A.  DD Form 149, dated 19 Aug 14, w/atchs. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, NGB/A1PP, dated 2 Oct 13.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 13.
    Exhibit E.  Letter, SAFPC, dated 7 Jan 15.
    Exhibit F.  Letter, SAF/MRBR, dated 16 Jan 15.
    Exhibit G.  Electronic Mail, Applicant, dated 20 Jan 15.


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