RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04049 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the grade of chief master sergeant (E-9) and paid all back pay and allowances that may apply. _________________________________________________________________ APPLICANT CONTENDS THAT: He was released from active duty as a senior master sergeant (E- 8) effective 31 Jan 84; however, the highest rank he held on active duty was chief master sergeant. He was promoted to chief master sergeant effective 1 Dec 83 which was two months prior to his retirement and transfer to the Retired Reserve. The applicant does not provide any supporting documentation. The applicant’s submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial. DPSOE states the servicing Military Personnel Flight did not update the applicant’s grade status reason code to 3G in a timely manner; therefore, his name erroneously appeared on special order AE-383. The applicant became ineligible for promotion when he submitted his retirement application and subsequently retired before serving his 2-year Active Duty Service Commitment (ADSC). The DPSOE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 14 Jan 11 for review and response. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant. Absent persuasive evidence applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record. _________________________________________________________________ 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 AFBCMR Docket Number BC-2010-04049 in Executive Session on 23 Feb 11, under the provisions of AFI 36-2603: The following documentary evidence for Docket Number BC-2010- 04049 was considered: Exhibit A. DD Form 149, dated 26 Oct 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 30 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11.