RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02970 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to active duty due to his recent supplemental promotion to chief master sergeant (CMSgt). ________________________________________________________________ APPLICANT CONTENDS THAT: His military records were corrected in April 2010. His promotion records, beginning with cycles 05E9 through 09E9 met a supplemental board. He was promoted to CMSgt with a promotion date of 1 January 2010. Had he known before retiring on 1 March 2010 due to high year of tenure (HYT), he would have accepted the stripe and remained on active duty. He would like to be reinstated back to active duty so that he can receive and wear his stripe until 2012. In support of his appeal, the applicant provides copies of letters from the Air Force Review Boards Agency, AFPC/DPSOE and his supplemental promotion selectee score notice. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 27 April 1982, the applicant enlisted in the Regular Air Force. On 24 August 2009, the applicant submitted an application to the Air Force Board for Correction of Military Records (AFBCMR) to have his AF Form 911, Senior Enlisted Performance Report (EPR), rendered for the period 16 June 2004 through 15 June 2006, be removed from his record. On 28 February 2010, the applicant was relieved from active duty retired in the grade of senior master sergeant, having assumed that grade effective and with a date of rank of 1 August 2002. He served 27 years, 10 months and 4 days of service for retirement. On 9 March 2010, the Air Force Board for Correction of Military Records (AFBCMR) granted the applicant’s request and directed he be provided supplemental consideration for promotion to grade of chief master sergeant for all appropriate cycles beginning with cycle 05E9. He was selected for promotion to CMSgt by a supplemental board with a promotion effective date of 1 January 2010. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request to return to active duty; however, recommends the applicant’s active duty service commitment (ADSC) date of 30 April 2012 be waived and the applicant be allowed to retire in the grade of CMSgt effective 1 March 2010. It is in the best interest of the Air Force to retire the applicant in the grade of CMSgt effective 1 March 2010. Since his retirement, the applicant may not have maintained the currently-required AF physical fitness standards and may not be able to pass a retention physical. The nearest base to the applicant is MacDill AFB in Florida where there is one 2A300 CMSgt authorization and one CMSgt currently assigned. If the applicant is recalled to active duty, he would be an overage and he would prevent another qualified member from being promoted to CMSgt. It is not cost-effective to return the applicant to active duty since he could not serve the two-year ADSC required for a permanent change of assignment (PCS) move to MacDill or another location due to his 30 April 2012 HYT. Furthermore, when members are promoted to CMSgt, the Air Force requires the members to serve three years time-in-grade unless they are restricted by their HYT. In this case, the applicant, with his 1 January 2010 date of rank, could not serve a three- year ADSC of 31 December 2012 for promotion because he is restricted by his 30 April 2012 HYT. The complete AFPC/DPSOR evaluation is at Exhibit C. The AFPC/JA recommends denial of the applicant’s request for reinstatement to active duty; however, recommends allowing him to retire in the grade of CMSgt effective 1 March 2010. JA states if the applicant is returned to active duty, he will have to retire on or before 1 May 2012, based on his HYT date. Given the fact the applicant has no entitlement to reinstatement because of the previous correction, the cost associated with returning the applicant to active duty, and the limited time he could serve prior to retirement, JA believes the appropriate remedy in this case is retirement in the grade of CMSgt. The complete JA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant states he would like to return to active duty and serve his country as a CMSgt. He was passed over on numerous awards and stratifications due to incorrect records. It was hard; however, he did not give up. He took the long deployments no others would take to better his chances to get promoted. He wants to serve and retire as a CMSgt with as much time-in-grade as the Board would allow. The applicant’s complete response, with attachments, is at Exhibit F. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief. After reviewing the complete evidence of record, to include the relief granted by the Board in the applicant’s prior AFBCMR case, we agree with the recommendations of the Air Force offices of primary responsibility (OPRs) to waive the active duty service committment that would normally be required for the applicant to retire in the grade of chief master sergeant and to allow the applicant to retire in the grade of chief master sergeant (CMSgt) effective 1 March 2010. While we considered the applicant’s request to be reinstated to active duty and to be allowed to serve in the grade of CMSgt as long as possible, we do not believe this to be the most appropriate relief given the cost of reinstating the applicant to active duty and the limited time he would be able to serve based on his established high year of tenure (HYT). We also considered whether his HYT should be waived, but since the circumstances of his case do not meet the criteria for the waiver of his HYT, we also do not find that the circumstances of his case merit an exception to policy. In our view, this affords him full and fitting relief and is consistent with past practice involving similar supplemental promotion cases. Accordingly, we recommend that the applicant’s records only be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. His Active Duty Service Commitment (ADSC) of 30 April 2012, incurred as a result of his promotion to chief master sergeant be declared void. b. He was relieved from active duty and retired in the grade of chief master sergeant, effective 1 March 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02970 in Executive Session on 1 June 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Aug 10, w/atchs. Exhibit B. Applicant's Master Military Records. Exhibit C. Letter, AFPC/DPSOR, dated 28 Sep 10. Exhibit D. Letter, AFPC/JA, dated 3 Nov 10. Exhibit E. Letters SAF/MRBR, dated 12 Nov 10 Exhibit F. Applicant's Response, dated 6 Dec 10. AFBCMR BC-2010-02970 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. His Active Duty Service Commitment (ADSC) date of 30 April 2012, incurred as a result of his promotion to chief master sergeant be declared void. b. He was relieved from active duty and retired in the grade of chief master sergeant, effective 1 March 2010.