RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04005
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His retired grade be corrected to show that he retired in the grade of senior master sergeant rather than master sergeant.

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APPLICANT CONTENDS THAT:

According to Special Order AA-101-SC, dated 5 February 2007, he was promoted to the grade of senior master sergeant.

In support of his request, the applicant provided a copy of Special Order AA-101-SC, Reserve Order Number EL-5291, and NGB Form 22 - National Guard Bureau Report of Separation and Record of Service.

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

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STATEMENT OF FACTS:

Information extracted from documentation provided by the applicant reflects he retired from the Air National Guard on 22 May 2007 in the grade of master sergeant with 28 years, 5 months, and 29 days of service for basic pay.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states the applicant was transferred to the USAF Retired List on 22 May 2007 in the grade of master sergeant.  He has been receiving retired pay under the provision of Title 10, United States Code (U.S.C.), Section 12731, since 22 May 2007, his 60th birthday, in the grade of master sergeant.

In order to receive retired pay in the grade of senior master sergeant, a member must be promoted to the grade of senior master sergeant as a Reserve of the Air Force and serve satisfactorily in that grade.  There is no documentation in the applicant’s record that verifies he was ever promoted to the grade of senior master sergeant or served satisfactorily in that grade.  His record does show that he was relieved from his active Air National Guard assignment effective 20 May 2007 in the South Carolina Air National Guard (ANG).  At the time of his discharge, the South Carolina ANG promoted him to the grade of senior master sergeant and placed him on the Retired List of the South Carolina ANG effective 21 May 2007.  This promotion was a state promotion authorized under the Military Code of South Carolina.  State promotions are honorary promotions and are not federally recognized promotions.

The highest grade the applicant held during his military career was master sergeant.  Since the applicant did not receive a federally recognized promotion to the grade of senior master sergeant, he cannot be placed on the USAF Retired List or receive retired pay in that grade.  The applicant is receiving retired pay in the correct grade of master sergeant.

ARPC/DPP’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 January 2008, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C).  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 an error or injustice.  The applicant’s contentions are duly noted; however, after reviewing the evidence of record 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.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2007-04005 in Executive Session on 27 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 November 2007, w/atchs.
   Exhibit B.  Letter, ARPC/DPP, dated 10 January 2008.
   Exhibit C.  Letter, SAF/MRBR, dated 18 January 2008.