RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-01138

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect the grade of staff sergeant (E-5).

APPLICANT’S CONTENTIONS

He was upgraded on the Retired List to the grade of staff sergeant (E-5), and he needs his DD Form 214 corrected so that he is able to apply for civilian job opportunities.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force staff sergeant (E-5).

On 26 Apr 06, according to AF Form 3070, Record of Nonjudicial Punishment Proceedings, the applicant was reduced to the grade of senior airman (E-4), suspended through 25 Oct 06, after which time it would be remitted without further action, unless sooner vacated.

On 15 May 06, according to AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, the applicant’s suspended reduction in grade was vacated, and he was reduced in grade to senior airman (E-4) with a new date of rank of 26 Apr 06.

On 23 Oct 09, according to Special Order No. XXXXX, on 31 Mar 10, the applicant was relieved from active duty, organization, and station of assignment, and retired effective 1 Apr 10, in the grade of senior airman (E-4).

On 19 Feb 10, Action of the Secretary of the Air Force, finds the applicant served satisfactorily in the higher grade of staff sergeant (E-5) within the meaning of Section 8964, Title 10, United States Code, and directs the member’s advancement to that grade on the retired list effective the date of completion of all required service.

On 26 Feb 10, according to Special Orders No. XXXXX, DAFSO XXXXX, dated 23 Oct 09, is amended to include:  Remarks:  Effective 15 Mar 20, the [applicant] is advanced to the grade of staff sergeant (E-5) on the USAF Retired List by reason of completing a total of 30 years active service plus service on the retired list on 14 Mar 20.  Authority 10 USC 8964 and 8992.

On 31 Mar 10, the applicant was furnished an honorable discharge, in the grade of senior airman (E-4), with Narrative Reason for Separation:  Vol Retirement:  Maximum Service or Time in Grade, and credited with 20 years and 16 days active service.

On 15 Mar 20, the applicant was advanced to the grade of staff sergeant (E-5) on the USAF Retired List in accordance with 10 USC 8964.

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

APPLICABLE AUTHORITY/GUIDANCE

10 U.S.C. § 8964 - U.S. Code - Unannotated Title 10. Armed Forces § 8964. Higher grade after 30 years of service:  warrant officers and enlisted members
(a)  Each retired member of the Air Force covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Air Force.
(b)  This section applies to--
(1)  warrant officers of the Air Force;
(2)  enlisted members of the Regular Air Force; and
(3)  reserve enlisted members of the Air Force who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time duty).

AIR FORCE EVALUATION

SAF/MRBP recommends denying the application as no error or injustice has occurred.  No relief is required because his DD Form 214 accurately reflects the uniformed service grade he held when released from active duty in accordance with Department of Defense Instruction (DoDI) 1336.01, Certificate of Uniformed Service (DD Form 214/5 Series).  There is no provision or requirement in the authoritative policy to update the DD Form 214 to reflect his advancement on the Retired List.

In accordance with Air Force Instruction (AFI) 36-3203, Service Retirement: 

8.5.1. 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 SecAF or designee under 10 USC § 9344 (in 1998, the provision was listed under 10 USC § 8964):
(a) Each retired member of the Air Force covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Air Force.

8.5.2. Indicators that service was not satisfactory:
8.5.2.1. The member held the highest grade for less than 6 months
8.5.2.2. The highest grade held was terminated for cause
8.5.2.3. Retirement was in lieu of or a result of a demotion action and the retired
grade is not the highest grade held, or
8.5.2.4. New evidence exists about misconduct during past service.

On 26 Apr 06, the applicant received nonjudicial punishment for using his government travel card while not on official orders.  His reduction in grade to senior airman (E-4) was suspended through Oct 06; however, on 18 May 06, his suspended reduction was vacated for non-payment of rent for four months.  

Upon his request for retirement, the applicant’s record met the Air Force Personnel Board, in Feb 10, for consideration for advancement on the Retired List.  Because the applicant met the criteria outlined in AFI 36-3203, paragraph 7.4.2.1. (held the higher grade for at least six months during a previous period of service and received an honorable discharge in the higher grade), the Board majority determined the applicant served in that grade satisfactorily.  The applicant’s 30 years of service date was 14 Mar 20, and he was advanced to the higher grade of E-5, effective 15 Mar 20.

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 8 Jul 22 for comment (Exhibit D), but has received no response.

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of SAF/MRBP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s DD Form 214 is accurate in accordance with DoDI 1336.01.  His advancement on the Retired List to the higher grade of E-5 was effective after the period of service recorded on the DD Form 214.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2022-01138 in Executive Session on 16 Sep 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 14 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, SAF/MRBP, dated 7 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 8 Jul 22.

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.