RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03223
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His retired grade of technical sergeant (TSgt) be changed to master sergeant (MSgt) and he receive the United States flag due to retirement.

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APPLICANT CONTENDS THAT:

When he received his retirement certificate (DD Form 363AF) and a certificate of appreciation (DD Form 2542), they both reflected his grade as MSgt; however his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects TSgt.  He indicates that he never received a test score after testing for staff sergeant.  His supervisor at the time stated that since he did not receive a score, he did not make promotion.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

According to the National Personnel Record Center (NPRC) the applicant’s military personnel records are lost.  The following information was obtained from his DD Form 214.

The applicant enlisted in the Regular Air Force on 26 September 1977.

On 30 September 1997, the applicant was relieved from active duty and on 1 October 1997, the applicant retired in the grade of technical sergeant under the provisions of AFI 36-3203 (Maximum Service or Time In Grade).  He served 20 years and 5 days of total active military service.

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommended denial.  They indicated that the applicant’s records reflect he was retired in the grade of TSgt, last duty assignment/major command (MAJCOM) of SATAF (ESC), and stationed where separated at Nellis AFB, NV (DD Form 214).  The retirement certificate he provides reflects a retirement date of 1 October 1998 (a year after his retirement date of 1 October 1997).  Although there is no social security number on either the retirement certificate or certificate of appreciation, they must assume that the documents sent to the applicant belonged to another military member with the same name.  Since the promotion files reflect the applicant was never promoted to the grade of MSgt prior to retirement and the DD Form 214 reflects his grade as TSgt, they must assume he was retired in the correct grade - TSgt.

The evaluation is at Exhibit C.

AFPC/DPPRRP recommended denial.  They indicated that the applicant never held the grade of MSgt and is not entitled to a U.S. flag because he retired on 1 October 1997 and the law mandating U.S. flag presentation did not go into effect until 1 October 1999.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  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 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 an error or injustice.  The applicant contends that when he received his retirement certificate (DD Form 363AF) and a certificate of appreciation (DD Form 2542), they both reflected his grade as MSgt; however his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects TSgt.  We took notice of the applicant’s complete submission in judging the merits of the case; however the Board agrees with the opinions and recommendations of the Air Force and adopts their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board notes that according to the NPRC the applicant’s military personnel records are lost, therefore, limited records are available.  The applicant’s DD Form 214 indicates that he was relieved from active duty effective 30 September 1997 and retired effective 1 October 1997.  He was retired as a technical sergeant which is indicated on his DD Form 214 and in the military personnel data system (MilPDS).  Available records indicate that he was never promoted to the grade of master sergeant prior to retirement.  It appears that as a result of an administrative error, he was sent a DD Form 363AF (Certificate of Retirement) reflecting the retired grade of master sergeant and retirement date effective 1 October 1998.  This is clearly an error since he retired 1 October 1997.  AFPC/DPPRRP notes the DD Forms 363AF and 2542 were mailed to the applicant a year after his retirement with an incorrect grade and date of retirement and according to the governing AFI these documents should have been presented to him at the retirement ceremony.  AFPC/DPPRRP has indicated they will issue the applicant a corrected copy of these documents with the correct grade and retirement date.  Likewise, we also find insufficient evidence to warrant the applicant receiving the U.S. flag.  According to Public Law 106-65, this entitlement applies to servicemembers who were released from active duty on or after 1 October 1999.  The applicant retired on 1 October 1997, prior to this law’s effective date; therefore, he is not entitled to receive the U.S. flag.  In view of the above and in the absence of evidence, we find no compelling basis to recommend granting this request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 BC-2003-03223 in Executive Session on 29 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 September 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPWB, dated 24 November 2003.
   Exhibit D.  Letter, AFPC/DPPRRP, dated 9 December 2003.
		       W/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 19 December 2003.