RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00077
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His retired grade be corrected to show he retired in the grade of captain, at a minimum, or in the grade of chief master sergeant (CMSgt).

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APPLICANT CONTENDS THAT:

In April 1982 he had applied for a commission in the Air National Guard (ANG) while assigned to the 155th Weather Flight, Tennessee ANG (TNANG).  He was accepted for appointment as a weather officer in the grade of 2nd lieutenant.  However, before he could attend officer training school, his civilian position as a meteorologist experienced a Reduction in Force (RIF) and he was subsequently transferred to the National Weather Service office in Parkersburg, WV.  He was told his commission would be transferred to the Kentucky ANG (KYANG) and that they would schedule him to attend officer training school.  However, after the transfer, the KYANG informed him they would not honor the commission that he had been approved for until there was a unit vacancy for a weather officer.  Such a vacancy never occurred while he was a member of the KYANG.  He eventually transferred to the Individual Mobilization Augmentee (IMA) program with the Air Force Reserve (AFR).  He continued to pursue a commission and he was eventually told arrangements had been made for him to obtain a commission with the Pennsylvania ANG (PAANG).  However, during the course of applying for a transfer to the PAANG, he was told he was too old to commission.  Headquarters Air Combat Command (HQ ACC), where he served as a USAFR IMA (5th Weather Wing), advised him since he was a valued member of their organization and due to his extensive educational background that they would establish a much-needed CMSgt position he could fill.  He therefore dropped his long campaign for a commission and pursued what he considered his next best opportunity and likely his only alternative for promotion.  Over the next few years, he worked on preparing the necessary documentation to define the requirements for the CMSgt position in the weather career field, detailing the roles, responsibilities and duties of the position.  He also submitted the requested information on his military and professional credentials, education, and experience to the USAF Director of Weather.  Several years passed and by 1997, his position had still not been converted to a CMSgt billet.  He transferred to the Retired Reserve on 28 January 1998 in the grade of senior master sergeant eligible for Reserve retired pay at age 60.  He feels he would have achieved, at a minimum, the grade of captain had he been commissioned as promised and possibly would have advanced to the grade of either major or lieutenant colonel.  As it stands, he pursued a promotion to the grade of CMSgt in lieu of the commission and chased that promise for several years before retiring.  He feels it is only fair and just that his retirement rank be changed to the rank he feels he was promised, he earned, and he rigorously pursued only to be unfairly denied.

In support of his appeal, the applicant has provided a personal statement, copies of the results of his attempt to engage the assistance of his Representative, Senator Hatch, his retired reserve order, his original appointment approval, and the package put together to convert his SMSgt position to a CMSgt position.

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

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STATEMENT OF FACTS:

Applicant began his military career on 26 July 1968.  He was progressively promoted to the grade of SMSgt with a date of rank (DOR) of 1 October 1982.  On 17 August 1982, he was selected for appointment as a Weather Officer in the grade of second lieutenant (2nd Lt).  He was not commissioned however, and during the ensuing 10 years, management of the Air Weather Service (AWS) fell under the purview of HQ ACC.  In June 1992, HQ ACC reviewed requirements for managing and mobilizing weather resources and found the mission could best be served by establishing and funding a CMSgt IMA position.  On 7 May 1996, ACC again tried to establish a CMSgt position within ACC responsible for coordinating the efforts of ACC-gained ANG weather resources.  It appears the position was not created during the career of the applicant and he was eventually transferred to the Retired Reserve effective 28 January 1998, eligible for Reserve retired pay at age 60 on 30 September 2008.  He had served almost 30 years and was serving in the grade of SMSgt at the time of his transfer to the Retired Reserve. 

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AIR FORCE EVALUATION:

AFRC/DPP recommends denial.  DPP contends Reserve enlisted members retire in the grade they hold on the date of their retirement, unless entitled to a higher grade under some other provision of law (Title 10, United States Code, Section 8961).  There is no documentation in his record that verifies he was ever promoted to the grade of CMSgt or served satisfactorily in that grade.  Further, there is nothing in his record that reflects he was ever commissioned or ever served satisfactorily in any officer grade.  He was properly retired in the grade of SMSgt, the highest grade he satisfactorily held.

DPP’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 March 2006 for review and comment within 30 days.  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 timely filed.

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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  It appears the applicant has been the victim of unfortunate timing at several times in his career; however, in order to receive retired pay in an officer grade, the member must be commissioned as an officer and must serve satisfactorily in that grade.  Reserve enlisted members retire in the grade held at retirement unless entitled to a higher grade under some other provision of law.  There is no evidence he ever served as an officer or as a Chief 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.
The following members of the Board considered AFBCMR Docket Number BC-2006-00077 in Executive Session on 26 April 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Dec 05, w/atchs. 
    Exhibit B.  Letter, ARPC/DPP, dated 13 Mar 06, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Mar 06.