RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01339
INDEX CODE:  131.00
	XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXX-XX-XXXX				     HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His records be corrected to show he was promoted to and retired in the grade the grade of master sergeant (E-7). 
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APPLICANT CONTENDS THAT:

He was selected for promotion to master sergeant prior to his retirement.  In March or April 1972, the Air Force was waiving the two-year service commitment for promotion to six months in an attempt to reduce the number of E-7s, E-8s and E-9s.  He was selected for an assignment to Hawaii before pinning on master sergeant; however, he turned the assignment down for personal reasons.  In signing the assignment declination statement, he rendered himself ineligible for promotion and was told he must retire on 1 March 1973.  Promotion eligibles with his line number were promoted on 1 July 1972.  Had he not been selected for an assignment, he would have been able to pin-on his promotion and with a service commitment waiver, he would have been able to retire as a master sergeant.  With his impeccable service career, this was an injustice.  

In support of his application, he provides a personal statement, copies of his correspondence with the Chief Master Sergeant of the Air Force’s office, a copy of a letter to his congressman, a copy of his Department of Veterans Affairs entitlement decision, copies of his performance reports, and copies of letters of appreciation.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 20 November 1952, the applicant enlisted in the Regular Air Force at the age of 19 for a period of four years in the rank of airman basic (E-1).  The applicant was progressively promoted to the rank of technical sergeant effective and with a date of rank of 1 June 1965.  On 11 September 1972, he signed an AF Form 1160, Application for Voluntary Retirement, with an effective date of 1 March 1973.  The applicant retired effective 1 March 1973 in the grade of technical sergeant.  He had served 20 years and 16 days on active duty. 

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states there is nothing in the applicant’s records to indicate he had been selected for promotion to master sergeant.  However, records do indicate he signed a permanent change of station/temporary duty (PCS/TDY) declination statement on 31 May 1972 declining to obtain the needed service retainability of 27 months for an assignment to Hawaii.  DPPPWB states this action would have rendered the applicant ineligible for promotion in accordance with AFR 39-29, Promotion of Airmen, Table 3, Rule O, dated 23 August 1971.  The declination contained the following statement:  “ I certify that I have read and fully understand the applicant portions of AFM 35-16 and AFR 39-29, and that my signature below renders me ineligible to enlist or reenlist in the Air Force for 93 days after separation, and renders me ineligible for promotion as outlined in AFR 39-29.”

It is DPPPWB’s opinion that the applicant made a conscious decision to decline obtaining the necessary retainability for an assignment knowing the consequences of his decision - loss of promotion eligibility.

The DPPPWB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he is not asking for any monetary compensation.  He now receives his retirement through the Veterans Administration.  His only request is to change the rank on his ID card to reflect master sergeant.  The applicant’s rebuttal 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 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 probable error or injustice.  Evidence found in the applicant’s records indicates he signed a PCS/TDY declination statement on 31 May 1972, declining to obtain the required service retainability of 27 months for an assignment to Hawaii.  Even though there is no indication in the applicant’s records that indicates he was selected for promotion to master sergeant in January 1972, his decision to decline to obtain the required retainability made him ineligible for promotion.  The applicant asserts he should be promoted to the grade of master sergeant because shortly after signing the declination statement, the Air Force began consideration for reducing promotion service commitments for grades E-7, E-8 and E-9 from the required two years to six months.  He claims his selection for assignment prevented him from pinning on master sergeant and having the opportunity to apply for a waiver.  While it may be true that subsequent to the time the applicant declined his assignment, Air Force policy concerning service commitments for promotion was changed (this assertion has not been shown to our satisfaction in the available evidence), in retrospect, we do not find such a change benefits the applicant since it appears that the consequences of his decision were consistent with Air Force policies in effect at that time.  No evidence has been provided showing that the applicant was miscounseled or that his decision not to obtain the required service retainability for an assignment was in any way coerced.  Furthermore, there was no guarantee that if he applied for a service commitment waiver, it would have been approved.  Therefore, we agree the assessment by the Air Force office of primary responsibility and find no basis on which to favorably consider 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 this application in Executive Session on 23 July 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2003-01339 was considered:

	Exhibit A.  DD Form 149, dated 31 Mar 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPWB, dated 29 May 03.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 03.
	Exhibit E.  Applicant’s Rebuttal, dated 9 Jul 03.