RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01745
INDEX CODE:  129.04
	XXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His retirement grade be changed to master sergeant (E-7). 
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APPLICANT CONTENDS THAT:

After he retired from the Air Force, he enlisted in the Ready Reserve for six years.  During his Reserve enlistment, he served more than a year on active duty at various times.  On one of those occasions he was on active duty continuously for more than six months in the grade of master sergeant.  Because he served on active duty in the grade of master sergeant, he should be advanced to the grade of master sergeant and receive retired pay in the higher grade.  

In support of his application, the applicant provides copies of his honorable discharge certificate from the United States Air Force Reserve (USAFR); his DD Form 214, Report of Separation From Active Duty, issued by the USAFR; his active duty retirement order; his letter dated 5 May 2003 to AFPC/DPPTR; his letter dated 29 May 2003 to SAF/MRBR; and his Reserve discharge order.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 25 February 1948, the applicant enlisted in the Regular Air Force at the age of 17 for a period of three years in the rank of private (E-1).  The applicant was progressively promoted to the rank of technical sergeant (E-6) effective and with a date of rank of 1 May 1967.  The applicant retired effective 1 August 1971 in the grade of technical sergeant.  He had served 20 years, 7 months and 10 days on active duty. 

On 2 August 1971, the applicant signed a DD Form 1644, Ready Reserve Service Agreement, agreeing to serve in the Ready Reserve until 1 August 1974.  He was promoted to the rank of master sergeant effective and with a date of rank of 7 April 1972.  On 3 June 1974, he signed a DD Form 1644 agreeing to serve in the Ready Reserve until 1 July 1977.  The applicant was honorably discharged from the USAFR effective 1 July 1977.  During the period 2 August 1971 and 1 July 1977, the applicant served on numerous tours of active duty.  The applicant was honorably discharged from the USAFR effective 1 July 1977.  The applicant’s retirement credit summary dated 27 October 1976, credited the applicant with 24 years, 7 months, and 11 days of satisfactory service.  There are no other available records to confirm his satisfactory service through 1 July 1977.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial.  DPPRRP states that Section 8964, Title 10, United States Code (USC) allows the advancement of enlisted members (when their active service plus service on the retired list totals 30 years) on the retired list to the highest grade held in which they served on active duty satisfactorily as determined by the Secretary of the Air Force.  Prior to 4 December 1987, this authority did not apply to reserve enlisted members of the Air Force who, at the time of retirement, are serving on active duty.  The enactment of Public Law 100-180 stipulated that any person, who completed the 30 years of service (active service plus service on the retired list) prior to 4 December 1987, would not be advanced to the higher grade to receive a higher rate of retired pay.  In the applicant’s case, he retired effective 1 August 1971 and completed 30 years of service (active service plus service on the retired list) effective 21 December 1980.  In accordance with Section 8961, Title 10, USC, the applicant was correctly retired in the grade of technical sergeant, which was the grade he held on the date of his retirement.  There are no other provisions of law that would allow for advancement of enlisted members.  

It is DPPRRP’s opinion that all criteria of the pertinent laws (Sections 8961 and 8964) have been met in this regard and no error or injustices occurred in the applicant’s retirement, grade determination, or advancement action.  The DPPRRP’s 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 the applicant on 3 July 2003 for review and response (Exhibit D).  As of this date, this office has received no response.

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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 that in accordance with Section 8961, Title 10, USC, the applicant was correctly retired in the grade of technical sergeant, which was the grade he held on the date of his retirement and that there are no other provisions of law that would allow for advancement of him to the grade of master sergeant.  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 this application in Executive Session on 27 August 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2003-01745 was considered:

	Exhibit A.  DD Form 149, dated 16 May 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRRP, dated 24 Jun 03.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 03.

									Vice Chair