RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02300

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his retired rank from staff sergeant (E-5) to technical sergeant (E-6).

APPLICANT’S CONTENTIONS

He retired as an E-5 but his highest grade held was (E-6).  He thought he was an E-6 until he applied for an ID card when he turned 65.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard (ANG) staff sergeant.

On 18 Apr 86, the applicant was furnished an honorable discharge from the Utah Air National Guard (UTANG), in the grade of E-6, with a date of rank of 1 Nov 80.

On 19 Apr 86, according to DD Form 368, Request for Discharge or Clearance from Reserve Component, the applicant enlisted in the Arizona Air National Guard (AZANG), in the grade of E-5.

On 3 Sep 87, the applicant enlisted in the California Air National Guard (CAANG), in the grade of E-5.

On 23 Jan 89, the applicant was furnished an honorable discharge from the CAANG, in the grade of E-5.

On 24 Jan 89, the applicant enlisted in the Arizona Air National Guard (AZANG), in the grade of E-5.

On 31 Aug 93, according to AF Form 131, Application for Transfer to the Retired Reserve, the applicant was discharged from the AZANG, transferred to the Non-Affiliated Reserve Section on 1 Sep 93, then transferred to the Retired Reserve List, effective 2 Sep 93, in the grade of E-5, with the highest grade held of E-6.

On 17 May 13, according to Reserve Order Number XXXXX, dated 1 Aug 13, the applicant was placed on the United States Air Force Retired List, and authorized retired pay, with Grade for Retired Pay (Highest Grade Satisfactorily Held) of E-5.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB/A1PP recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  Two important steps were missed with regard to the applicant’s claim.  First, in accordance with Air Force Instruction (AFI) 36-2502, Enlisted Airman Promotion and Demotion Programs, paragraph 11.3.1., “A voluntary change of assignment to a unit manpower document position which has a lower grade authorization than that currently held by the Airman will result in demotion to the lower unit manpower document grade.  Demotions in accordance with this paragraph are affected by the guidance of demotion orders by appropriate authority. Orders affecting voluntary demotions will contain the phrase without prejudice.” There is no record of a voluntary demotion without prejudice order at the time of transfer to the AZANG.  This should have been documented to keep record of the applicant’s previous rank held while in the UTANG, and to match the NGB Form 22, Report of Separation and Record of Service, from the UTANG showing his highest grade of E-6.  Secondly, in accordance with AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 5.14.8., “A determination of highest grade held (HGH) satisfactorily is required on all members who apply for transfer to the Retired Reserve.”  The documentation does not show that an audit was accomplished on the applicant upon applying for retirement from the ANG.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 Sep 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show the reserve order published in conjunction with his 17 May 2013 retirement and placement on the United States Air Force Retired List be amended to reflect Grade for Retired Pay (Highest Grade Satisfactorily Held) as technical sergeant (E-6) instead of staff sergeant (E-5).

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-02300 in Executive Session on 2 Dec 21:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, w/atchs, dated 8 Sep 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 Sep 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.