RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03301
		INDEX CODE:  131,04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Reinstatement of his original line number (2885) for promotion to the grade of master sergeant (E-7) during cycle 01E7, with his original date of rank (DOR) and effective date of 1 Dec 01.
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APPLICANT CONTENDS THAT:

His line number was reinstated; however, his original DOR and effective date were not reinstated.

He should receive his original DOR and effective date because he was given incorrect information from several offices concerning policies for reinstatements during Stop Loss.

In support of his request, the applicant submits copies of letters from HQ ACC/DP, 97IS/CC, 55 MSS/DPM and numerous e-mails concerning his promotion, 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:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 12 Aug 82.  The applicant’s most recent reenlistment was on 12 Aug 02 for a period of 4 years.  He is currently serving on active duty in the grade of master sergeant (E-7), with an effective date and date of rank of 1 May 02.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends the application be denied.  DPPPWB stated that the applicant was selected for promotion to master sergeant (E-7) (promotions effective Aug 01 Jul 02), with a promotion sequence number of 2885, which incremented 1 Dec 01.  However, he chose to decline the promotion in lieu of retirement.  He subsequently became affected by Stop Loss and was not allowed to retire.  DPPPWB stated that, under normal circumstances, members who decline promotion are not given the opportunity to have their line numbers reinstated.  However, those affected by Stop Loss were treated as exceptions to policy, but only in the fact that their line numbers could be reinstated, not their original DOR and effective date.  The applicant made a conscious decision to decline his promotion.  Had he not been affected by Stop Loss, he would have retired as a technical sergeant (E-6).  However, an exception to policy was granted to all individuals in his same situation, all aware of the fact that they would not receive their original DOR and effective date.  It is unfortunate that the applicant received incorrect information regarding his reinstatement, but it would not be fair and equitable to others with similar circumstances to approve his request.  The HQ AFPC/DPPPWB evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a letter of support from his current commander.  The applicant’s complete submission, with attachments, 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Based on evidence presented, as well as the support from his superiors, it is the opinion of the Board majority that the applicant was misinformed of the consequences prior to declination of his promotion and therefore based his decision to decline his promotion on the compelling information he received.  Inasmuch as the applicant was miscounseled regarding his promotion reinstatement, the Board majority believes that the applicant’s original date of rank for master sergeant should be restored.  In view of the above and in an effort to remove any possibility of an injustice, the Board majority recommends that the applicant’s records be corrected as 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), with an effective date and the date or rank of 1 December 2001.
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The following members of the Board considered this application in Executive Session on 30 January 2003, under the provisions of AFI 36-2603:
By a majority vote, the Board recommended granting the relief sought in this application.  Mr. XXXXX voted to deny the applicant's request but did not desire to submit a minority report.  The following documentary evidence was considered in connection with AFBCMR Docket Number 02-03301.

   Exhibit A.  DD Form 149, dated 4 Oct 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 23 Oct 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 02.
   Exhibit E.  Letter from Applicant, dated 31 Dec 02, w/atchs.

                               

AFBCMR 02-03301

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 he was promoted to the grade of master sergeant (E-7), with an effective date and the date or rank of 1 December 2001.