RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00852
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His retirement pay grade advancement to staff sergeant (E-5), effective 3 June 2004, be changed to 2003 rather than 2004.
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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

In support of his request, the applicant submits copies of his DD Form 214 and Special Orders No. AC-021666, dated 13 Sep 93.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 31 January 1994, the applicant was relieved from active duty in the grade of senior airman (E-4) under the provisions of AFR 35-7 (Voluntary Retirement: Reduction-in-Force).  He was retired, effective 1 February 1994, in the grade of E-4 and his name was placed on the Retired Reserve List until 23 Jan 04.  He had completed a total of 19 years, 7 months and 28 days of active service for retirement; and, 20 years and 8 days of service for basic pay.  Special Order No. AC-021666, dated 13 September 1993, reveals that, effective 3 June 2004, the applicant will be advanced to the grade of E-5 on the USAF Retired List by reason of completing a total of 30 years of active service plus service on the Retired List on 2 June 2004.

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 Exhibits C.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRR recommends the application be denied.  DPPRR stated that in Jul 93, while serving in the grade of staff sergeant (E-5) the applicant was given nonjudicial punishment and reduced in grade to senior airman (E-4).  It was determined that the applicant would be advanced to the grade of E-5 on the USAF Retired List, effective 3 Jun 04.  The applicant’s total active federal military service date is 4 Jun 74; therefore, his advancement date is calculated as 3 Jun 04.  After a thorough review of the applicant’s military service dates, DPPRR indicated that the retirement order in question is correct according with Title 10 USC 8964 and 8992.  The HQ AFPC/DPPRR 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 12 April 2002 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 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.  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 the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  In view of the above and absent sufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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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.
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The following members of the Board considered Docket Number 02‑00852 in Executive Session on 15 May 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRR, dated 3 Apr 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 02.