RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03936

XXXXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be advanced on the Retired List to the highest grade he held, master sergeant (E-7).

APPLICANT CONTENDS THAT:

He completed 30 years of active service plus service on the retired list; therefore, he should be advanced on the retired list under the provisions of Title 10, United States Code, Section 8964, Higher grade after 30 years of service: warrant officers and enlisted members.

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

STATEMENT OF FACTS:

On 5 December 1984, the applicant entered the Regular Air Force and was progressively promoted to the grade of master sergeant with a date of rank and effective date of 1 December 2002.

According to Special Court-Martial Order Number 1, dated 18 October 2004, the applicant pled and was found guilty of wrongful use of marijuana [Article 112a, Uniform Code of Military Justice].  As a result, he was court-martialed and sentenced 14 days confinement [26 August 2004 - 7 September 2004] and to a reduction from the grade of master sergeant to senior airman (E-4).  The Military Personnel Data Systems indicates 8 September 2004, as his date of rank to senior airman.

On 23 June 2006, the applicant received a general (under honorable conditions) discharge, and was credited with 21 years, 6 months, and 6 days of active service, excluding time lost for confinement from 26 August 2004 to 7 September 2004.  His narrative reason for separation was “Misconduct.”

According to DD Form 149, Application for Correction of Military Record, dated 1 April 2008, the applicant requested his grade be restored to technical sergeant (E-6) and he receive a length of service retirement.

On 26 February 2009, the Board denied the applicant’s request to restore his grade to technical sergeant.  However, they granted the applicant’s request for a length of service retirement effective 1 July 2006.

Via Special Order AC-009938 dated 19 August 2009, the applicant was retired effective 1 July 2006, in the grade of senior airman.

In a letter dated 11 May 2010, AFPC/DPSOY informed the applicant that based on the Board’s decision his DD Form 214, Certificate of Release or Discharge from Active Duty, would be voided and a new DD Form 214 would be issued.

On 5 May 2016, the Secretary of the Air Force determined the applicant served satisfactorily in the higher grade of technical sergeant within the meaning of Title 10 United States Code, Section 8964, and directed the applicant’s advancement to that grade on the retired list effective the date of completion of all required service.

According to Special Order Number 010083 dated 25 May 2016, the applicant was advanced to the grade of technical sergeant on the retired list effective 17 December 2014, by reason of completing a total of 30 years active service plus service on the retired list.

In a letter dated 10 June 2016, AFPC/DP2STM notified the applicant he would be issued an amended retirement order to reflect his advancement to the grade of technical sergeant on the USAF retired list.

In accordance with AFI 36-3203, Service Retirements, Paragraph 7.5 (Advancing Enlisted Members to a Higher Grade After 30 Years of Service), when Regular enlisted members’ and certain reserve enlisted members’ active service plus service on the retired list totals 30 years, they may be advanced on the retired list to the highest grade served on active duty satisfactorily and receive retired pay in that grade, as determined by the Secretary of the Air Force or designee under Title 10 United States Code, Section 8964.  Indicators that service was not satisfactory was that the member held the highest grade for less than 6 months or the highest grade held was terminated for cause.

AIR FORCE EVALUATION:

SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice.  On 5 May 2016, the Personnel Board processed an Advance on Retired List case (PC-2016-00360) and voted unanimously to approve the applicant’s advancement to the grade of technical sergeant.  The board determined the applicant did not serve satisfactorily in the grade of master sergeant due to his drug use.

A complete copy of the SAF/MRBP 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 14 June 2016, for review and comment within 30 days (Exhibit D).

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 SAF/MRBP and adopt the rationale expressed 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-2015-03936 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03936 was considered:

Exhibit A.  DD Form 149, dated 4 September 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, SAF/MRBP, dated 13 May 2016, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 14 June 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.