RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2016-00751 COUNSEL: NONE
HEARING DESIRED: NO

APPLICANT REQUESTS THAT:

His record be corrected to reflect Foreign Service time in Vietnam (Will be administratively corrected).

His DD Form 214, Report of Separation from Active Duty, block 6a, Grade, Rate or Rank be corrected to reflect MSgt versus TSgt.

APPLICANT CONTENDS THAT:
He was selected for promotion to the grade of MSgt but had orders to Turkey and decided to retire. The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 5 Mar 59.

According to special order AA-950, dated 29 Aug 77, the applicant was promoted to the grade of TSgt effective and with a Date of Rank (DOR) of 1 Sep 77.

According to special order AC-003569, the applicant was retired on 31 Aug 79 in the grade of technical sergeant, with 20 years and 7 days of active service.

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force Offices of Primary Responsibility (OPRs), which are attached at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial of the applicant’s request to correct his DD Form 214, block 6a to reflect MSgt indicating he was never eligible for consideration or selected for promotion to the grade of MSgt. To grant relief would be contrary to the criteria established by law and/or DoD guidance, AFR 39-29, Promotion of Airmen, dated 28 Feb 79, in effect at that time.

In accordance with (IAW) AFR 39-29, to be eligible for promotion consideration to MSgt the applicant would have needed a TSgt DOR of 1 Jul 77 or earlier.        In addition, if on or after the

promotion eligibility cutoff date for a particular cycle, an airman is ineligible for promotion if they have an approved voluntary retirement in lieu of an assignment. On 24 Jan 79, the applicant initialed/signed an AF Form 1160, Military Retirement Actions acknowledging he was ineligible for promotion to the grade of MSgt for promotion cycle 80A7.

DP2SSM notes that block 6b of the applicant’s 31 Aug 79 DD Form 214, Pay Grade, currently indicates E-7. This is an error, and DP2SSM recommends it be corrected to reflect E-6, to correspond with block 6a (TSgt).
A complete copy of the AFPC/DP2SSM evaluation is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 22 Dec 16, for review and comment within 30 days (Exhibit E). 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.	he application was not timely filed.

3.	After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice. The Board concurs with the rationale and recommendation of the OPR and finds that, where they are not moot, a preponderance of the evidence does not substantiate the applicant’s contentions. Regarding the request for foreign service time, the Board notes the OPR has already corrected the record administratively. Regarding the request to alter the 31 Aug 79 DD Form 214, the Board adopts the rationale of the OPR for denying the request to increase the grade in Block 6a of the form; however, because the Board does not take action adverse to an applicant, the Board declines to accept the OPR’s recommendation to decrease the grade in Block 6b of the form. The Board is aware this will leave the form with an error in that block, however, the OPR itself may have authority to make the change outside the correction process of 10 USC 1552.  In sum, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The following members of the Board considered AFBCMR Docket Number BC-2016-00751 in Executive Session on 22 Mar 18, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00751 was considered:
Exhibit A.  DD Form 149, dated 18 Feb 16, w/atchs.
Exhibit B. Pertinent Excerpts from Master Personnel Records. Exhibit C. Memorandum, AFPC/DP2SSM, dated 18 Oct 16. Exhibit D. Memorandum, AFPC/DP3SP, dated 18 Dec 16, w/atch. Exhibit E.  Letter, SAF/MRBR, dated 22 Dec 16.

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.