RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01377 INDEX CODE: 102.02
XXXXXXX	COUNSEL: NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His promotion to the grade of master sergeant (MSgt) be restored with a date of rank (DOR) of 1 January 2008.

APPLICANT CONTENDS THAT:
He was unclear with the reason given by AFPC as to why he was not eligible for promotion to MSgt. He met all minimum requirements in accordance with AFI 36-2502, Airman Promotion Program.

Applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
During the period in question, the applicant served as an Air Force Reservist on the Limited Period Recall Program (LPRP) as a military training instructor in the grade of technical sergeant with a DOR of 1 March 2003.

He was considered and tentatively selected for promotion to MSgt during the 07E7 promotion cycle with a promotion sequence number of 3057.0 which would have incremented on 1 January 2008. He became ineligible for promotion IAW AFI 36-2502, Table 1.1, Rule
15 when he was unable to obtain the required two-year retainability due to his mandatory tour end date of 27 August 2008.

In November 2007 the Air Staff directed all Limited Period Recall Program (LPRP) tours be placed on hold, making it highly unlikely that the Secretary of the Air Force (SAF) would not be able to release the member. The decision not to continue to exercise the recall program for Reservists/Guardsmen and the decision to release these members from active duty works in concert with the Air Force’s need to draw down active duty numbers under Force Shaping programs. Therefore, the SAF has instituted cuts of active duty members in order to reach mandatory end strength and has also decided to not continue the LPRP.

The LPRP does not allow for extensions to EAD tours and the applicant’s request for an active duty service commitment (ADSC) waiver was disapproved. If the applicant is allowed to extend his tour in the LPRP, he can then request reinstatement of his promotion to MSgt.

AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial and states the applicant was tentatively selected for promotion to MSgt while serving as a Reservist on an active duty tour, but was unable to obtain the two-year retainability required for promotion.

AFPC/DPSOE’s complete evaluation is at Exhibit B.
AFPC/DPSOA recommends denial and states that the applicant has failed to exhaust all other means of relief prior to applying to the AFBCMR for relief; specifically, his right to request that the SAF extend his tour allowing him to qualify for his promotion to MSgt. The applicant has not submitted his extension request, with specific promise to affirmatively waive the applicability of Title 10 USC, Section 12686a, through his chain of command via HQ AFPC/DPSOAA.

The applicant has filed several Congressional inquiries surrounding this matter and he has been advised on all occasions to present his case to the SAF for decision to extend his tour, with or without his agreement to waive 10 U.S.C. 12686a. DPSOA states absent an extension approval from the SAF, the applicant should not be extended beyond 27 August 2008, at which time he will revert back to his Reserve status.

AFPC/DPSOA’s complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 20 June 2008 for review and response within 30 days. However, as of this date, this office has received no response.

THE BOARD CONCLUDES THAT:
1.	The	applicant	has	not	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	an	error	or	injustice.	We	took
1.	
notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In particular, the applicant has not presented sufficient evidence to show that we should grant the requested relief in light of AFPC/DPSOA's statement that he has not presented his case to the Secretary of the Air Force to extend his tour, with or without specific promise to claim sanctuary upon reaching 18 years Total Active Federal Military Service. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 Docket Number BC- 2008-01377 in Executive Session on 9 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-01377:

Exhibit A.	DD Form 149, dated 17 Mar 2008, w/atchs. Exhibit B.	Letter, AFPC/DPSOE, dated 29 Apr 08.
Exhibit C.	Letter, AFPC/DPSOA, dated 12 May 08. Exhibit D.	Letter, SAF/MRBR, dated 20 Jun 08.