RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02691

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

1.  His grade of Master Sergeant (MSgt) be reinstated. 

2.  He receive all associated back pay for the years he was incorrectly paid.

APPLICANT CONTENDS THAT:

He took a voluntary demotion to accept an Active Guard/Reserve (AGR) position in Jul 13.  However, the demotion order was never published or signed and his first year of orders were processed as a MSgt.

He only became aware the order did not exist when he filed for retirement and the Air Reserve Personnel Center (ARPC) pointed out that he held the grade of MSgt for six years; however, the system reflected his grade as Technical Sergeant (TSgt).  

He also agreed to be demoted for a position as a flight attendant; however, was later disqualified and never held the job.  

He believes since there is no demotion order he should be reinstated to the grade of MSgt for the entire period to include back pay.

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

STATEMENT OF FACTS:

The applicant initially enlisted in the Pennsylvania Air National Guard (PAANG) and as a Reserve of the Air Force, on 23 Jul 95, for a period of six years.

According to Special Order A-248, dated 20 Feb 07, the applicant was promoted to the grade of MSgt, with a Date of Rank and effective date of 16 Feb 07.

According to Special Order P-008802, dated 8 Aug 13, the applicant was discharged from the PAANG on 7 Jul 13.  On 8 Jul 13, the applicant enlisted in the District of Columbia ANG (DCANG).

On 15 Jul 13, the applicant accepted a voluntary recall position as an AGR under Title 32, United States Code (USC) 328 and 504(F), in the grade of Technical Sergeant.

On 31 Dec 14, the applicant was furnished an honorable discharge with a reason for separation of Completion of AGR Military Duty Tour.  He was credited with 1 year, 5 months, and 16 days of active duty service during this period.   

On 11 Jun 15, the Secretary of the Air Force Personnel Council recommended the applicant’s highest grade held satisfactorily was MSgt.  On that same date, according to Reserve Order EK-4224, the applicant’s retirement order was amended to reflect a retired grade of MSgt.

On 29 Sep 15, the applicant was discharged from the DCANG and transferred to the Air Force Reserve Retired List in the grade of MSgt.  He was credited with 20 years, 2 months, and 7 days of service for pay.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

NGB/A1PP recommends denial indicating the applicant voluntarily accepted a position in a lower rank of TSgt and enlisted in the DCANG as a TSgt acknowledging the demotion.  

A1PP notes In Accordance With (IAW) ANGI 36-101, Air National Guard Active Guard Reserve (AGR) Program, para 5.3., “To accept an AGR position, an applicant’s military grade cannot exceed the maximum military authorized grade on the UMD for the AGR position.  5.3.1., Enlisted Airmen who are voluntarily assigned to a position which would cause an overgrade must indicate in writing a willingness to be administratively reduced in grade in accordance with ANGI 36-2503, when assigned to the position.  Acceptance of demotion must be in writing and included in the assignment application package.”  

The applicant was a member of the PAANG when he accepted the position with the DCNG.  The applicant enlisted with the DCNG in order to accept the position as a Flight Attendant and acknowledged on his enlistment documents that he accepted the demotion at the grade of TSgt.  The applicant agreed to the demotion in order to accept a position as a Flight Attendant, was later disqualified, and therefore never held that position.  The applicant was subsequently moved into another TSgt position.  

A complete copy of the A1PP evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Apr 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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.

The following members of the Board considered AFBCMR Docket Number BC-2015-02691 in Executive Session on 9 Jun 16 under the provisions of AFI 36-2603:

					   , Panel Chair
					, Member
					 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02691 was considered:

	Exhibit A.  DD Form 149, dated 9 Jun 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PP, dated 30 Mar 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Apr 16.