RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02114
		INDEX CODE:  131.09

	APPLICANT	COUNSEL:  None

	SSN	HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His effective date for advancement to a higher grade be changed from 12 July 2010 to 12 July 2003.

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APPLICANT CONTENDS THAT:

He believes the time he served in the Army Guard was not considered in calculating his years of service.  The time he served in the Army Guard would give him the 30 years of service as of 12 July 2003.  He then would receive his E-6 grade in July 2003 versus July 2010.  He knows of another person who retired from the same base and this person's Army and Air Force time was combined and totaled over 30 years and the person received his grade of E-7.

Applicant's complete submission, with attachments, is attached at Exhibit A.
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STATEMENT OF FACTS:

The applicant served in the Army National Guard from 27 June 1970 through 26 June 1976, and 29 August 1979 through 19 April 1981.

The applicant retired from the Air National Guard on 1 August 2000.  His has 20 years and 19 days of Total Active Federal Military Service (TAFMS) and 26 years and 11 days of longevity service (Service for base pay).

The applicant was administratively demoted from technical sergeant to staff sergeant in 1997 for failure to meet the requirements of the Weight Management Program (WMP).

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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

ARPC/DPP states the applicant's totals include all time served, including his service in the Army National Guard.  Pursuant to Title 10, U.S.C., Section 8964, retired enlisted members of the Air Force who were on active duty at the time of retirement and retired with less than 30 years of active service are entitled to be advanced on the retired list to the highest grade held satisfactorily while on active duty when their active service plus their service on the retired list totals 30 years.  The applicant has completed 20 years and 19 days TAFMS and therefore must complete 9 years, 11 months and 11 days on the retired list before he can be advanced to the grade of technical sergeant.  Therefore, they recommend denial of the application (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 September 2002, for review and response.  As of this date, no response has been received by this office. 

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  It appears that the applicant was properly credited with the appropriate service.  Based on the information in the applicant's records, it appears his effective date for advancement on the retired list was calculated in accordance with governing law and AF policy. Therefore, in the absence of 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 AFBCMR Docket Number 02-02114 in Executive Session on 15 October 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 May 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPPP, dated 3 Sep 02.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 02.