ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04054
		INDEX CODE:  131.00
		COUNSEL:  NO

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

In the applicant's request for reconsideration, he requests his service retirement date be adjusted to reflect an active duty retirement on or after 1 September 2004.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 August 1981, as airman basic for a period of four (4) years.

The applicant's request to have his records reviewed and considered for promotion to senior master sergeant (SMSgt) was granted by the Board on 27 May 2003.  For an accounting of the facts and circumstances surrounding the applicant's request, and the rationale of the earlier decision by the Board, see the Record of Proceedings, with attachments, at Exhibit H.

The applicant submitted a letter dated 5 June 2004, requesting additional relief to his previous request regarding his service retirement date (Exhibit J).

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AIR FORCE EVALUATION:

AFPC/DPPPWM states by direction of the Air Force Board of Correction for Military Records (AFBCMR) the applicant was supplementally considered for promotion to SMSgt by the 01E8 promotion board.  The applicant’s records were reviewed and selected for promotion to SMSgt.  They further state had the applicant remained on active duty he would have been assigned a Promotion Sequence Number (PSN) 759.9, with a date of rank (DOR) and effective date of 1 September 2001.  However, due to the applicant’s retirement being effective 1 September 2001, an administrative correction to his records was not possible.  They further state for the applicant to assume the grade of SMSgt with an effective date of 1 September 2001, his record would need to be corrected to reflect he did not retire until 1 September 2003, after completion of the two year active duty service commitment.  Furthermore, the applicant would have to return to active duty to receive any additional supplemental promotion consideration.

A complete copy of the evaluation is at Exhibit K.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states, at a minimum, he should be granted the promotion he earned and his records be adjusted to reflect his retirement date as 1 September 2003.  He truly believes he should receive full compensation for the promotion and a date adjustment to 1 September 2004 (Exhibit M).

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THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting partial relief.  Since the applicant was apparently miscounseled regarding his promotion eligibility in conjunction with applying for retirement, he was provided supplemental promotion consideration through the correction of records process and was selected for promotion to the grade of senior master sergeant.  According to the office of primary responsibility (OPR), since the applicant has retired, in order to assume the higher grade, he would need to have his retirement date extended until 1 September 2003 to accommodate the two-year active duty service commitment (ADSC).  However, the applicant has requested his records be corrected to reflect retirement effective 1 September 2004, but does not wish to return to active duty.  While we agree the applicant should be afforded the opportunity to assume the higher grade, we disagree both with the OPR and the applicant concerning the amount of additional active service he should be awarded.  In this respect, we note at the time the applicant voluntarily retired in 2001, he had 20 years and 21 days of total active service; however, as a master sergeant, he could have chosen to remain on active duty until he had 24 years of active service.  For personal reasons, he chose to retire as soon as he was eligible.  Further, having been off active duty for nearly three years, it is not surprising the applicant would not elect to return to active duty and compete for promotion to chief master sergeant with no record of performance or experience as a senior master sergeant.  Having said that, however, we do not believe that equity or justice requires that he be allowed to pick a retirement date solely for his convenience.  To the contrary, we believe the applicant should be provided a retirement date requiring the least amount of active duty credit, in this case a waiver of the two-year ADSC.  Except where necessary to validate a retroactive promotion to a higher grade, any further military service beyond that date, in our view, would constitute an unwarranted expenditure of public funds.  We find no compelling reason to grant him additional unserved service beyond the date he could retire in the higher grade.  The applicant will be entitled to back pay and allowances, and any other entitlements as determined by the Defense Finance and Accounting Service based upon the language of the correcting directive.  In arriving at our decision, we are aware the courts have held we have an abiding moral sanction to determine what constitutes an error or injustice and to take step to grant full and fitting relief.  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:

a.	The applicant was not released from the Regular Air Force on 31 August 2001 and retired for length of service on 1 September 2001, but on that date he continued to serve on active duty.

b.	He was promoted to the grade of senior master sergeant (SMSgt), effective and with a date of rank of 1 September 2001 and any service commitment he incurred was waived by competent authority.

c. On 30 September 2001, he was released from active duty and on 1 October 2001, he was retired for length of service in the grade of senior master sergeant.
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The following members of the Board considered AFBCMR Docket Number BC-2002-04054 in Executive Session on 23 July 2004, under the provisions of AFI 36‑2603:

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

	Exhibit H.	Record of Proceedings, dated 29 Jul 03, w/atchs.
	Exhibit I.	Letter, SAF/MRB Directive dated 29 Jul 03.
	Exhibit J.	Letter, Applicant’s Reconsideration Request, 
		dated 5 Jun 04, w/atchs.
	Exhibit K.	Letter, HQ AFPC/DPPPWM, dated 7 Jun 04.
	Exhibit L.	Letter, AFBCMR, dated 10 June 04, w/atch.
	Exhibit M.	Letter, Applicant’s Response, dated 21 Jun 04, 
		w/atchs.

AFBCMR BC-2002-04054

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                , be corrected to show that:

		a.	The applicant was not released from the Regular Air Force on 31 August 2001 and retired for length of service on 1 September 2001, but on that date he continued to serve on active duty.

			b.		He was promoted to the grade of senior master sergeant (SMSgt), effective and with a date of rank of 1 September 2001 and any service commitment he incurred was waived by competent authority.

			c.	On 30 September 2001, he was released from active duty and on 1 October 2001, he was retired for length of service in the grade of senior master sergeant.