RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01133
		INDEX CODE:  131.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date of Rank (DOR) to master sergeant (E-7) be changed from 1 March 2001 to 1 March 2000, with back pay and allowances.

NOTE:  The applicant’s initial request to have his DOR to E-7 changed from 1 May 2001 to 1 March 2000 was administratively corrected to 1 March 2001 by HQ ARPC (Order BC-0150, dated 31 May 2001).  However, the applicant has requested that his application be reconsidered because he believes an injustice still exists with the corrected DOR of 1 March 2001.
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APPLICANT CONTENDS THAT:

He was told that two E-7 billets had been approved and funded back in October 1999.  He was also informed that he needed to get his NCO Academy completed so that he would be eligible for promotion as soon as his name was placed in one of the billets.  He completed the NCO Academy on 6 January 2000, which would have made him eligible for promotion on 1 March 2000.

In support of his request, the applicant submits a copy of his NCO Academy diploma, a copy of a memorandum from an IMA Program Manager, dated 17 Apr 01, and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

During the time frame in question, the applicant was a member of the Air Force Reserve.  He was progressively promoted to the Reserve grade of master sergeant (E-7), with an effective date and date of rank of 1 March 2001.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.
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AIR FORCE EVALUATION:

HQ ARPC/DPB recommends the application be partially approved.  HQ ARPC/DPB stated that the applicant occupied a technical sergeant (E-6) position until January 2001.  The implementation for the position upgrade to master sergeant (E-7) was published on 18 September 2000 and there is no documentation to prove the establishing of the higher graded position was before that date.  The first promotion cycle after approval of the upgrade to the position was 1 November 2000.  They recommended changing the applicant’s Date of Rank (DOR) and effective date to 1 November 2000.  The HQ ARPC/DPB evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 5 October 2001 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that some relief is warranted.  In this respect, we note that the appropriate Air Force office, HQ USAF/REPX, stated that implementation for the position upgrade to E-7 was published on 18 September 2000.  In the absence of evidence to the contrary, we are in agreement with the opinion and recommendation of HQ ARPC/DPB that the applicant’s date of rank and effective date for promotion to the grade of E-7 should be changed to 1 November 2000, which was the first promotion cycle after the applicant met the promotion criteria.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was promoted to the grade of master sergeant (E-7), Reserve of the Air Force, with an effective date and date of rank of 1 November 2000.
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The following members of the Board considered this application in Executive Session on 14 November 2001, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Apr 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPB, dated 27 Sep 01, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 01.

                                   
                                   Panel Chair

AFBCMR 01-01133

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 that he was promoted to the grade of master sergeant (E-7), Reserve of the Air Force, with an effective date and date of rank of 1 November 2000.

		
                                     	Director
                                     	Air Force Review Boards Agency